IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 CRL.MC.NO. 371 OF 2011() -------------------------------------- CRIME NO.963 OF 2010, KALAMASSERY POLICE STATION PETITIONER(S): --------------- 1. RAHUL BAHULEYAN, S/O.BAHELEYAN, AGED 32 REHA CASTLE, THOPPIL HOMES, VATTEKUNNAM PO, EDAPPALLY, ERNAKULAM. 2. BAHULEYAN P.A, AGED 67, S/O.LATE P.K.APPUKUTTAN,REHA CASTLE, THOPPIL HOMES, VATTEKUNNAM PO,EDAPPALLY,ERNAKULAM. 3. LALITHA BAHULEYAN, AGED 58, W/O.BAHULEYAN P.A,REHA CASTLE, THOPPIL HOMES, VATTEKUNNAM PO,EDAPPALLY,ERNAKULAM. 4. SANTHOSH KUMAR, AGED 38,S/O.BALAKRISHNAN IHSHAN, VATTEKUNNAM, EDAPPALLY NORTH PO,ERNAKULAM. 5. RAJASREE S KUMAR, AGED 34 W/O.SANTHOSH KUMAR,IHSHAN, VATTEKUNNAM, EDAPPALLY NORTH PO,ERNAKULAM. BY ADV. SRI.K.B.RAJESH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE GOVT PLEADER, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION KALAMASSERY 683 104. 2. SARITHA C, D/O.LATE CHELLAPPAN, AGED 28 YEARS, KALLAYATH HOUSE, MULAKKULAM SOUTH PO, KOTTAYAM 686 001. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR ADV. SMT.P.M.SWAYAM PRABHA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.371 of 2011 ==================================== Dated this the 17th day of February, 2011 O R D E R Petitioners are accused in Crime No.963 of 2010 of Kalamassery police station for offences punishable under Sections 403, 406, and 498A read with Section 34 of the Indian Penal Code. Annexure-A1 is the FIR submitted in the court of learned Judicial First Class Magistrate-II, Aluva. Case was registered on a complaint preferred by respondent No.2. Petitioners seek to quash proceeding against them on the strength of a settlement reached with respondent No.2. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. Learned counsel for respondent No.2 has confirmed settlement and authenticity of affidavit sworn by respondent No.2 on 14.02.2011 and filed in this Court on 16.02.2011. Learned Public Prosecutor on getting instructions also confirmed the settlement. 2. It is revealed that first petitioner and respondent No.2 filed Annexure-A4, joint petition for divorce in the Family Court, Ernakulam as O.P. No.2274 of 2010 under Section 13(B) of the Hindu Marriage Act. Annexure-A2 is the photocopy of joint CRL.M.C. No. 371 of 2011 -: 2 :- petition filed in the court of learned Judicial First Class Magistrate-II, Aluva. Affidavits filed by petitioner and respondent No.2 in the Family Court, Ernakulam are appended to Annexure- A4, petition for divorce. 3. It is seen from the records stated above that the matter is settled between the parties. In the circumstances it is not necessary to continue the proceeding against petitioners. Hence I am inclined to allow this petition. Criminal Miscellaneous Case is allowed. FIR in Crime No.963 of 2010 of Kalamassery police station and proceeding taken thereon against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv