IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 TR.P(C).NO. 264 OF 2009() ------------------------------------- OPDIV.1025/2009 OF FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------------ DHANYA, AGED 19 YEARS, D/O. ESWARAN NAMBOODIRI, VETITHIRA MANA, ESWARA BHAVANAM, KANCHAELLOOR, MUTTOM P.O., HARIPAD, ALAPPUZHA DIST. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL SMT.P.A.PRIYA RESPONDENT(S): ------------------------ UMESH E.K., AGED 26 YEARS, S/O. E.K. KESAVAN NAMBIIDIRI, ERALIYOOR ILLAM, MEMADANGU P.O, MUVATTUPUZHA ADV. SRI.THOMAS M.JACOB THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.264 of 2009 ==================================== Dated this the 20th day of May, 2010 O R D E R When this petition for transfer came up for hearing parties – husband and wife were referred to the Mediation Centre for conciliation and settlement. Accordingly parties have settled their dispute and agreed to withdraw the cases filed by them. Joint compromise petition filed by the parties also forms part of the records in this proceeding. Learned counsel on both sides submitted that in the light of the settlement as per which parties have agreed to live together as husband and wife, this petition may be closed. 2. Learned counsel for respondent submitted that as per clause No.4 of the joint compromise petition, petitioner was to withdraw the complaint she had preferred to the police for offence punishable under Section 498A read with 34 of the Indian Penal Code but, that complaint could not be withdrawn since it has culminated in a final report against respondent and his mother and the learned Magistrate has taken cognizance of the offence as C.C. No.498 of 2009 (on the file of Judicial First Class Tr.P(C) No.264 of 2010 -: 2 :- Magistrate, Muvattupuzha). Learned counsel requested that respondent may be permitted to move appropriate application to quash the proceeding in the said case. In view of the settlement reached between the parties it is not necessary to proceed with this petition and it is accordingly closed. I make it clear that it will be open to the respondent to move appropriate application as provided under law to quash the proceedings in C.C. No.498 of 2009. THOMAS P. JOSEPH, JUDGE. vsv