IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 Crl.MC.No. 706 of 2011() ----------------------------- CC.979/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): ------------------- 1. DEVANANDAN, S/O.NARAYANANKUTTY, AGED 45 YEARS, KURUMBAYIL HOUSE, THAMARAKULAM DESOM, PANANGAD VILLAGE, KODUNGALLUR TALUK (IST ACCUSED). 2. MANI, AGED 56 YEARS, W/O.SANKARANKUTTY, PULAPARAMBIL HOUSE, MATHILAKAM DESOM, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK (3RD ACCUSED). 3. SUMA, AGED 50 YEARS, W/O.RAMACHANDRAN, PARAPARAMBATH HOUSE, MOTHIRAKANNI DESOM, PARIYARAM VILLAGE, MUKUNDAPURAM TALUK (4TH ACCUSED. 4. RAMACHANDRAN, AGED 56 YEARS, DAMODARAN NAIR, PRAPARAMBATH HOUSE, MOTHIRAKANNI DESOM, PARIYARAM VILLAGE, MUKUNDAPURAM TALUK (5TH ACCUSED). BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT(S): -------------------- 1. SREEJA, AGED 28 YEARS,D/O.KRISHNANKUTTY NAIR, PARIPPIL HOUSE, KUTTICHIRA DESOM,KUTTICHIRA VILLAGE, MUKUNDAPURAM TALUK,THRISSUR DISTRICT. 2. STATE OF KERALA,REP. BY SUB-INSPECTOR OF POLICE, MATHILAKAM (FIR NO.724/2008) POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.UMESH.N.PAI R2 BY PUBLIC PROSECUOTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.706 of 2011 --------------------------------------- Dated this 11th day of March, 2011 ORDER Petitioners are accused 1 and 3 to 5 in Crime No.724 of 2008 of Mathilakam Police Station and C.C.No.979 of 2008 of the Court of learned Judicial First Class Magistrate, Kodungallur. That case was registered against petitioners and second accused (he is said to have expired later) alleging that petitioners and second accused committed offences punishable under Sec.406 and 498A r/w Sec.34 of the Indian Penal Code. It is stated that petitioners and first respondent have settled the dispute. Annexure-5 is the joint petition filed by the first petitioner and the first respondent in the Family Court, Thrissur under Sec.13B of the Hindu Marriage Act. It is stated therein that the amount payable to the first respondent has already been paid. First respondent has also filed affidavit in this Court stating that the dispute is settled. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. Learned counsel for first respondent has confirmed settlement and authenticity of affidavit sworn by first respondent. It is seen that dispute is settled in the Lok Adalath and accordingly parties have Crl.M.C.No.706 of 2011 -: 2 :- filed joint application before the Family Court for divorce. In the circumstance, I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.724 of 2008 of Mathilakam Police Station, cognizance taken thereon and proceeding against accused Nos.1 and 3 to 5 in C.C.No.979 of 2008 of the Court of learned Judicial First Class Magistrate, Kodungallur are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-