IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Crl.MC.No. 3182 of 2011() ------------------------- CRIME No.248/2006 OF NARAKKAL POLICE STATION C.C.No.963/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI ------------------ PETITIONER(S)/IST ACCUSED :- ---------------------------------------------- ANILKUMAR, AGED 36 YEARS, S/O.KUTTAPPAN, KAIPPAMALA VEEDU, PANANTHARA, KOLLAMULA VILLAGE, PATHANAMTHITTA. BY ADV. SRI.T.M.RAMAN KARTHA SRI.ARUN BASIL RESPONDENT(S)/COMPLAINANT & DEFACTO COMPLAINANT :- ------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. PRASEETHA, D/O.KUTTAPPAN, AGED 30 YEARS, MANNARATHARA HOUSE, VELIYATHAMPARAMBU, NAYARAMBALAM, ERNAKULAM DISTRICT - 682 509. ADV. SRI.M.K.FAISAL FOR R2 PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/10/2011 ALONG WITH CRL.A.No.1768 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.M.C.No. 3182 of 2011 APPENDIX Petitioner's Exhibits :- Annexure I :- Copy of the FIR in Crime No.248/2006 of Narakkal Police Station. Annexure II :- Copy of the judgment in CC No.963/2008 of the JFCM-I, Kochi dated 24.3.2011. Annexure III :- Copy of the agreement dated 7.7.2011 entered into between the petitioner and defacto complainant. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C.No.3182 of 2011 & Crl.A.No.1768 of 2011 --------------------------------- Dated this the 11th day of October 2011 O R D E R The petitioner is the 1st accused in C.C.No.963/2008 on the file of Judicial First Class Magistrate Court-I, Kochi. The offence alleged against the petitioner and other accused was under Section 498A read with Section 34 IPC. 2. It is stated that the case against other accused persons was already disposed of finding them not guilty. The accused was convicted by the learned Magistrate and sentenced to undergo Rigorous Imprisonment for one year and to pay Rs.10,000/- as fine. 3. The Criminal Appeal filed by the petitioner is now pending before the Sessions Court, Ernakulam as Crl.A.No.154/2011. It is submitted that subsequently the matter was amicably settled between the petitioner and the Crl.M.C.No.3182 of 2011 & Crl.A.No.1768 of 2011 -: 2 :- 2nd respondent herein out of court and an agreement to that effect was entered into between them and produced as Annexure III. The 2nd respondent is represented by her counsel before this Court. The learned counsel submitted that the amount as stated in Annexure III has already been received and that divorce was already effected and so the 2nd respondent has no grievance against the petitioner. It is further submitted that in the light of the settlement arrived at between the parties, the conviction and sentence passed against the petitioner herein may have to be set aside. 4. In the light of the submission made by the learned counsel for the accused, the Crl.A.No.154/2011 which was pending before the Sessions Court, Ernakulam has been withdrawn to this Court and it is re-numbered as Crl.A.No.1768/2011. In the light of the settlement arrived at, being a matrimonial dispute it is just and proper that in order to give a quietus to the litigation, this Crl.M.C. is allowed. Crl.M.C.No.3182 of 2011 & Crl.A.No.1768 of 2011 -: 3 :- In the result, Crl.A.No.1768/2011 is allowed. The conviction and sentence passed against the appellant therein are set aside and he is acquitted of the offence under Sec.498A IPC. He is set at liberty. The bail bond executed by him will stand cancelled. Crl.M.C.No.3182/2011 is allowed to that extent. N.K.BALAKRISHNAN, JUDGE. Jvt