IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 Crl.MC.No. 1197 of 2011() ------------------------- CC NO.172/2010 OF JUDICIAL FIRST CLASS MAGISTRATE-III, KOTTAYAM CRIME NO.51/2010 OF MANRCADU POLICESTATION. PETITIONER(S): PETITIONERS -------------------------- 1. FINNY JOY VARGHESE, AGED 32 YEARS, S/O.K.V.VARGHESE, PALLIKIZHAKKETHIL HOUSE, OMMAN CHANDY NAGAR, VELLOOR P.O., PAMBADY, KOTTAYAM. 2. K.V.VARGHESE, AGED 76 YEARS, W/O.LATE K.V.VARKEY, JEHOVA SHAMMA HOUSE, VIJAYAPURAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 3. MERCY VARGHESE, AGED 55 YEARS, W/O.K.V.VARGHESE, JEHOVA SHAMMA HOUSE, VIJAYAPURAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 4. DR.JBY JOY VARUGHESE, AGED 29 YEARS, S/O.K.V.VARGHESE, JEHOVA SHAMMA HOUSE, VIJAYAPURAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 5. DR.HARRIS JOY VARGHESE, AGED 30 YEARS, S/O.K.V.VARGHESE, JEHOVA SHAMMA HOUSE, VIJAYAPURAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 6. DR.JESSYJOY VARGHESE, AGED 26 YEARS, D/O.K.V.VARGHESE, JEHOVA SHAMMA HOUSE, VIJAYAPURAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. SMT.DEEPTHY.S.NATH SRI.ALEX.M.SCARIA CRL.MC.NO. 1197/2011 2 RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, MANARCADU POLICE STATION, KOTTAYAM-682002. 2. MRS.JOIOUS ALEXANDER, W/O.FINNY JOY VARGHESE, PALLIKIZHAKKETHIL, OMMAN CHANDY NAGAR, VELLOOR P.O., PAMPADY, KOTTAYAM-686034. ADV. SRI.SAJEEVAN KURUKKUTTIYULLATHIL FOR R2 PUBLIC PROSECUTOR SHRI JAIBY PAUL FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1197 of 2011 -------------------------------------- Dated this the 11th day of April, 2011. ORDER Petitioners are accused in Crime No.51 of 2010 of Manarcadu Police Station and C.C.No.172 of 2010 of the court of learned Judicial First Class Magistrate-III, Kottayam for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. That case was registered on a complaint preferred by respondent No.2. Petitioners claim to have settled the dispute with respondent No.2 and seek to quash proceeding against them. I have heard learned counsel and the learned Public Prosecutor. 2. Annexure-3 is the affidavit of respondent No.2 sworn before and attested by a Notary Public. Authenticity of that affidavit is confirmed by the learned counsel. In that affidavit it is stated that the dispute is settled between parties and that following the settlement respondent No.2 is living with first petitioner as his wife. The offence is personal to and between petitioners and respondent No.2. That dispute is settled. Hence it is not necessary to continue prosecution of petitioners. Crl.MC No.1197/2011 2 Resultantly this Criminal Miscellaneous Case is allowed. The final report in Crime No.51 of 2010 of Manarcadu Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.172 of 2010 of the court of learned Judicial First Class Magistrate-III, Kottayam are quashed. THOMAS P.JOSEPH, Judge. cks