IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Crl.MC.No. 703 of 2010() ----------------------------------- C.P.21/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, KOZHIKODE. CRIME NO.72/2008 OF CHEVAYUR POLICE STATION. ................ PETITIONERS/ACCUSED 1 TO 3: ----------------------------------------------- 1. REBIN SUNNY, AGED 30 YEARS, S/O.N.A. SUNNY, NEDUMPARAMBIL HOUSE, I.M.A. LANE, MISSION QUARTERS, THRISSUR-680 001. 2. MRS.MARY SUNNY, AGED 49 YEARS, W/O.N.A. SUNNY, NEDUMPARAMBIL HOUSE, I.M.A. LANE, MISSION QUARTERS, THRISSUR-680 001. 3. N.A. SUNNY, AGED 55 YEARS, S/O.N.A. ANTHAPPAN, NEDUMPARAMBIL HOUSE, I.M.A. LANE, MISSION QUARTERS, THRISSUR-680 001. BY MR.M.K.DAMODARAN, SENIOR ADVOCATE, ADV. MR.ALAN PAPALI, MR.SOJAN MICHEAL. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.703 OF 2010 ------------------------------------------ Dated 1st March 2010 O R D E R As per Annexure-II order dated 1/12/2009 petition filed by the petitioners to quash the proceedings in C.P.21/2009 on the file of Judicial First Class Magistrate-I, Kozhikode was disposed directing the Magistrate not to insist for the personal appearance of the petitioners, for three months. It was for the reason that petitioners produced a fixed deposit of Rs.40,00,000/- before the Family court, Kozhikode and the agreement to withdraw the prosecution could be only on receipt of the amount. Learned Senior counsel submitted that subsequent to Annexure-II order, second respondent in Crl.M.C.3166/2009 informed the petitioners that she could agree for Crmc 703/2010 2 withdrawing the prosecution only after petition for divorce pending before the Family court, Thrissur is decided and in view of the decision of the Apex court a divorce is not possible before May, 2010 and in such circumstances, the period of three months fixed under Annexure-II order may be extended till the decision is taken by the Family court. 2. Heard the learned Senior counsel appearing for the petitioners and learned Public Prosecutor. 3. On the facts and circumstances of the case, Judicial First Class Magistrate-I, Kozhikode is directed not to insist for the personal appearance of the petitioners in C.P.21/2009 till 1/6/2010. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.