IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Crl.MC.No. 849 of 2011() ------------------------ CRIME NO.801/2010 OF NADAKKAVU POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED ---------------------- 1. JIJESH G.JOSEPH, AGED 33 YEARS, S/O.JOSEPH, KUMBALOLIL HOUSE, WEST NADAKKAVE, KOZHIKODE. 2. JOSEPH.K.V, AGED 62 YEARS, S/O.VARKEY, KUMBALOLIL HOUSE, WEST NADAKKAVE, KOZHIKODE. 3. MARY, AGED 61 YEARS, W/O.JOSEPH.K.V, KUMBALOLIL HOUSE, WEST NADAKKAVE, KOZHIKODE. BY ADV. SRI.N.M.JAMES RESPONDENTS/STATE, DE FACTO COMPLAINANT: -------------------- 1. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, NADAKKAVE POLICE STATION, KOZHIKODE-673011 2. CEETHU ANTONY CHENOTH, AGED 28 YEARS, D/O.C.V.ANTONY, PUTHENPURA HOUSE, CHERTHALA, ALAPPUZHA DISTRICT686820 ADV. SRI.VARGHESE C.KURIAKOSE FOR R2 PUBLIC PROSECUTOR : ADV SRI K H MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.849 of 2011 --------------------------------------- Dated this 22nd day of March, 2011 ORDER Petitioners are accused in Crime No.801 of 2010 of Nadakkavu Police Station for offences punishable under Sec.498A r/w Sec.34 of the Indian Penal Code. That case was registered on a complaint preferred by the second respondent. Petitioners request this court to quash proceeding against them on the strength of a settlement reached with the second respondent. 2. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. Learned counsel for second respondent has confirmed the settlement and authenticity of signature of second respondent in the compromise petition. It is seen that the compromise petition is signed by the petitioners, second respondent and their counsel who appear for the parties in this proceeding. Hence the compromise petition can be accepted. 3. Offence alleged is personal to and between petitioners and the second respondent. The dispute is settled. As part of the settlement first petitioner and second respondent have filed a Crl.M.C.No.849 of 2011 -: 2 :- joint petition for divorce. Hence I am inclined to terminate the proceeding. Resultantly this criminal miscellaneous case is allowed. Annexure-A1, FIR in Crime No.801 of 2010 of Nadakkavu Police Station and all proceeding pursuant thereto against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge