IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 Crl.MC.No. 1946 of 2011() ------------------------- PETITIONERS/ ACCUSED 1 TO 3 & 5 --------------------------------------------------- 1. DR.JACOB ALEXANDER, AGED 31 YEARS, S/O.M.C.ALEXANDER, 115 LANG DRIVE, BOLWARA HEIGHTS, NEW SOUTH WALLS 2320, AUSTRIALLIA. 2. DR.M.C.ALEXANDER, 115 LANG DRIVE, BOLWARA HEIGHTS, NEW SOUTH WALLS 2320, AUSTRIALLIA. 3. BEENA ALEXANDER, 115 LANG DRIVE, BOLWARA HEIGHTS, NEW SOUTH WALLS 2320, AUSTRIALLIA. 4. KURIAKOSE ELIAS @ JIJU, 9D, ABAD MARINE PLAZA, NEAR HIGH COURT, ERNAKULAM. BY ADV. SRI.MADHU RADHAKRISHNAN RESPONDENTS ---------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. AMMU MARIE PHILIP, AGED 25 YEARS, D/O.PHILIP ABRAHAM, MUNDUKOTTAKKAL HOUSE, MAKKAPPUZHI P.O., RANNY TALUK, PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR MR.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb Crl.MC.No. 1946 of 2011 Crl.M.A.No.3991/2011 in Crl.M.C.No.1946/2011 Dismissed Sd/- THOTTATHIL B.RADHAKRISHNAN Sd/- 05.07.2011 K.SURENDRA MOHAN Crl.MC.No. 1946 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNX.A:- COPY OF THE FIR IN CRIME NO.44/2009 ANNX.B:- AFFIDAVIT FILED BY THE 2ND RESPONDENT ANNX.C:- COPY OF THE COMPROMISE PETITION FILED BY THE PARTIES HERETO IN MAT. APPEAL NO.769/2010 RESPONDENTS' ANNEXURES:- NIL //TRUE COPY// P.A TO JUDGE dmb THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ---------------------------------- Crl.M.C. No. 1946 OF 2011 --------------------------------------------- Dated this the 5th day of July, 2011 O R D E R THOTTATHIL B.RADHAKRISHNAN,J. All parties in the captioned Criminal M.C submitted that this matter be taken up today, having regard to the fact that the matter therein is interconnected to the issues in M.F.A.Nos.769 and 971 of 2010, which we have disposed of today by separate judgment. This matter is accordingly taken up. 2. Having regard to the settlement arrived at between the parties to the matrimonial disputes and taking into consideration the fact that no dispute survives between the parties, we are of the view that no party will be prejudiced on the face of ends of justice, in continuing the prosecution which is a subject matter of this Criminal M.C. We are also of the view that ends of justice require that further prosecution of proceedings on the basis of the impugned F.I.R should end. Crl.M.C. No. 1946 OF 2011 2 In the result, this Criminal M.C is allowed quashing the impugned F.I.R and any further proceedings thereon including process issued, if any. THOTTATHIL B.RADHAKRISHNAN JUDGE. K.SURENDRA MOHAN JUDGE dmb