IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 Crl.MC.No. 605 of 2011() ------------------------ CC.220/2009 of JUDL. FIRST CLASS MAGISTRATE COURT, CHANGANACHERRY .................... PETITIONERS/ACCUSED ---------------------------------- 1. NOBY ABRAHAM, S/O. ABRAHAM, AGED 35 YEARS, KANNAKERY HOUSE, SACHIVOTHAPPURAM.P.O, KURICHY, KOTTAYAM. 2. THANKAMMA ABRAHAM, W/O. ABRAHAM, AGED 51 YEARS, KANNAKERY HOUSE, SACHIVOTHAPPURAM.P.O, KURICHY, KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM RESPONDENTS/STATE AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.H.O CHINGAVANAM.PIN.686531 2. SOUMYA MOL P. JACOB, D/O. CHACKO, PALAKUDIYIL HOUSE, CHINGAVANAM, KOTTAYAM - 686 531. R1 PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR R2 BY ADV. SMT.RENJANA KURIAKOSE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No. 605 of 2011 --------------------------------------- Dated this 1st day of March, 2011 ORDER Petitioners are accused 1 & 2 in Crime No.77/2009 of Chingavanam Police Station and C.C No.220/2009 of the court of learned Judicial First Class Magistrate, Changanassery for offence punishable under Sec. 498 A r/w Sec.34 of the Indian Penal Code. That case was registered on a complaint preferred by second respondent before court and forwarded to the police for investigation. The police after investigation, submitted Annexure-A2 Final Report. Petitioners request this Court to quash proceeding against them on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. 2. Second respondent has sworn an affidavit stating that the dispute is amicably settled with petitioners and that pursuant to the settlement, the first petitioner and herself are living as husband and wife. It is stated that she does not wish to continue the proceeding against petitioners and has no objection in granting relief to the petitioners as Crl.M.C.No.605 of 2011 -: 2 :- prayed for. Counsel for second respondent has confirmed the settlement and authenticity of the affidavit. It is seen that the dispute, which is personal to and between petitioners and second respondent is amicably settled and accordingly the second respondent is residing with the first petitioner as is evident from the affidavit filed by the second respondent. In the above circumstances, it is only just and proper that proceeding against petitioners is quashed. Resultantly, this Crl.M.C is allowed. Annexure-2 final report in Crime No.77/2009 of Chingavanam Police Station, cognizance taken thereon and all proceeding in C.C No.220/2009 of the court of learned Judicial First Class Magistrate, Changanassery, against the petitioners are quashed. Sd/- (THOMAS P JOSEPH, JUDGE) //TRUE COPY// P.A. TO JUDGE KRK