IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Crl.MC.No. 1114 of 2011() ------------------------- (CRIME NO.1126/2007 OF ANGAMALY POLICE STATION) CC.1419/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER/ACCUSED PERSON ---------------------------------------------- P.U.JOSEPH,S/O. LATE P.V.UTHUPPU,AGED 46 YEARS, PALATTI HOUSE, THABORE.P.O.,PARAMBAYAM, ANGAMALY,ERNAKULAM DIST. REP. BY HIS BROTHER AND P/A.HOLDER P.U.JOY, S/O.LATE.P.V.UTHUPPU, AGED 48 YEARS,PALATTY HOUSE,THABORE.P.O.,PARAMBAYAM, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. DR.SEBASTIAN CHAMPAPPILLY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (C.C.NO.1419 OF 2008 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NO.II,ALUVA). 2. LISSY P.A., D/O. ANTONY,AGED 37 YEARS, PALLIYAN HOUSE, THABORE.P.O., PARAMBAYAM, ANGAMALI, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV. SRI.K.R.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1114 of 2011 --------------------------------------- Dated this 04th day of April, 2011 ORDER Petitioner is accused in Crime No.1126 of 2007 of Angamali Police Station and C.C.No.1419 of 2008 of the Court of learned Judicial First Class Magistrate-II, Aluva for offences punishable under Sec.498A of the Indian Penal Code. Case was registered on the complaint of the second respondent, wife of petitioner. There were certain other disputes also pending in the Family Court, Ernakulam. It is submitted that parties have settled the disputes and accordingly it is prayed that proceeding against petitioner may be quashed. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. Learned counsel for petitioner and second respondent have confirmed the settlement. Learned counsel also confirmed authenticity of signature of the respective parties in Annexure-IV, joint statement. 2. It is seen from Annexure-III, order that petition before the Family Court, Ernakulam was be disposed of pursuant to the settlement. Annexure-IV is the joint statement which states that parties have settled the dispute. It is requested that in view of Crl.M.C.No.1114 of 2011 -: 2 :- the settlement proceeding against petitioner may be quashed. Since the dispute is personal to and between the parties and that dispute is settled, I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.1126 of 2007 of Angamali Police Station and all proceeding against petitioner in C.C.No.1419 of 2008 of the Court of learned Judicial First Class Magistrate-II, Aluva are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-