IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Crl.MC.No. 641 of 2011 -------------------------------- [CC.NO.1082/2010 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E.O),ERNAKULAM] .................... PETITIONER/DEFACTO COMPLAINANT: --------------------------------------------------------- MARY TWINKLE, W/O.JOHN D'SILVA, AGED 24, MANAPPURATH HOUSE, THUNDATHUMKADAVU, VARAPUZHA, NOW RESIDING AT THAIKKOOTTATHIL, PACHALAM P.O., KOCHI, ERNAKULAM. BY ADV. SRI.SHERRY J. THOMAS. RESPONDENTS/ACCUSED: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA – 682 031. 2. ALWIN JOHN D'SILVA, S/O.MARIAN D'SILVA, AGED 31, THAIKKOOTTATHIL, PACHALAM P.O., KOCHI, ERNAKULAM – 682 018. 3. MARIAN D'SILVA, S/O.DEON D'SILVA, AGED 71, THAIKKOOTTATHIL, PACHALAM P.O., KOCHI, ERNAKULAM – 682 018. 4. ELIZABETH MARIAN D'SILVA, AGED 66, THAIKKOOTTATHIL, PACHALAM P.O., KOCHI, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.641 of 2011 ==================================== Dated this the 03rd day of March, 2011 O R D E R This petition is filed by the de facto complainant in Crime No.536 of 2010 of Ernakulam Town North Police Station and C.W.1 in C.C. No.1082 of 2010 of the court of learned Additional Chief Magistrate (Economic Offences), Ernakulam for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. Petitioner is the wife of respondent No.2. Petitioner seeks to quash proceeding against respondent Nos.2 to 4 on the strength of a settlement reached with respondent Nos.2 to 4. I have heard learned counsel for petitioner, respondent Nos.2 to 4 and the learned Public Prosecutor. 2. Petitioner and respondent Nos.2 to 4 have filed a joint petition signed by themselves and their counsel. Joint petition states that petitioner is living with respondent No.2 as his wife. In the circumstances I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. CRL.M.C. No.641 of 2011 -: 2 :- Annexure-A1, FIR in Crime No.536 of 2010 of Ernakulam Town North Police Station, cognizance taken thereon and all proceeding in C.C. No.1082 of 2010 of the court of learned Additional Chief Judicial Magistrate (Economic Offences), Ernakulam against respondent Nos.2 to 4 are quashed. THOMAS P. JOSEPH, JUDGE. vsv