IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Crl.MC.No. 2237 of 2011() -------------------------------------- (CRIME NO.115/2011 OF KOTTAYAM EAST POLICE STATION) ..... PETITIONER(S): ACCUSED: ----------------------------------------- VARGHEESE CHANDY, S/O.M.I.CHANDY, MUTTATHETTU HOUSE, AGED 32 YEARS, PAYYAPPADY P.O., PUTHUPPALLY VILLAGE, KOTTAYAM. BY ADV. SMT.GIRIJA.L. RESPONDENT(S): STATE AND COMPLAINANT: ----------------------------------------------------------------------- 1. THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, KOTTAYAM EAST POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHERINE ABRAHAM, 27 YEARS, D/O.P.T.ABRAHAM, PUTHUPAPARAMBIL HOUSE, COLLECTORATE P.O., MUTTAMBALAM VILLAGE, KOTTAYAM. R1 BY PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL R2 BY ADV. SRI.SIBY CHENAPPADY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2237/2011 APPENDIX PETITIONER'S ANNEXURES: A1: COPY OF THE CHARGE SHEET IN CRIME 115/2011 OF KOTTAYAM STATION. A2: THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT AND THE 1ST PETITIONER DTD. 22/06/2011. A3: COPY OF RECEIPT DTD. 22/06/2011. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2237 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner and the second respondent are husband and wife. Crime No.115/2011 is registered against the petitioner by Kottayam East Police Station for the offence punishable under Section 498A of the Indian Penal Code. The case is now pending as C.C.22/2011 before the Chief Judicial Magistrate Court, Kottayam. Prayer in this Crl.M.C. is to quash annexure A1 charge sheet and all further proceedings pursuant to it in C.C.No.22/2011 of Kottayam East Police Station. 3. It is stated by the learned counsel for the second respondent as well as the petitioner that the matter has been settled between the parties. In view of the authoritative pronouncement of the Apex Court in Joshy V. State of Haryana (2003 (2) KLT 1062) and in view of the fact that the matter has been settled between the parties, the complaint is quashed. If the second respondent makes a statement before the Magistrate on or before 8th August 2011 that she is divorced and matter has been settled out of court, the learned Magistrate shall treat the case as closed. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes