IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Crl.MC.No. 2786 of 2011() CC.1138/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONERS/ACCUSED NOS. 1-4:- 1. T.K.ASHRAFF, AGED 44 YEARS, S/O.KUNHI MUHAMMED, RESIDING AT ALIMA MANZIL, EDACHAKAI, PADANNA VILLAGE, HOSDURG TALUK, KASARGODE DISTRICT. 2. ALEEMA, AGED 67 YEARS, W/O.KUNHI MUHAMMED, RESIDING AT ALIMA MANZIL, EDACHAKAI, PADANNA VILLAGE, HOSDURG TALUK, KASARGODE DISTRICT. 3. SUBAIDA, AGED 47 YEARS, W/O.IBRAHIM, RESIDING AT ALIMA MANZIL, EDACHAKAI, PADANNA VILLAGE, HOSDURG TALUK, KASARGODE DISTRICT. 4. BEEFATHIMMA, W/O.ISMAIL, RESIDING AT ALIMA MANZIL, EDACHAKAI, PADANNA VILLAGE, HOSDURG TALUK, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENTS/DEFACTO-COMPLAINANT & STATE:- 1. K.P.RASIYA, AGED 32 YEARS, W/O.T.K.ASHRAFF, RESIDING AT ELAMBACHI, SOUTH THRIKARIPUR VILLAGE, HOSDURG TALUK, KASARGODE DISTRICT-671 314. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.CISSY MATHEWS FOR R1 SRI. B. JAYASURYA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.2786/2011 APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A : CERTIFIED COPY OF MISCELLANEOUS CASE. ANNEXURE B : TRUE COPY OF THE ENGLISH TRANSLATION OF THE ALLEGED CHARGE. ANNEXURE C : COPY OF THE AFFIDAVIT DATED 15.07.2011 EVIDENCING SETTLEMENT. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2786 of 2011 - - - - - - - - - - - - - - - - Dated this the 23rd day of August, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners are the accused in C.C. No. 1138 of 2009 on the file of the Judicial First Class Magistrate-I, Hosdurg for an offence punishable under Section 498A r/w Section 34 IPC. It is stated that the matter has been settled between the parties and petitioner No.1 and respondent No.1 are living together as husband and wife. The first petitioner and respondent No.1 shall make a statement before the trial court on or before 20.09.2011 to that effect. In view of the decision reported in Joshy v. State of Haryana - 2003(2) KLT 1062, the continuance of a criminal case will not enure to the benefit of either parties. If the learned Magistrate is satisfied that the matter has been settled between the parties, then he shall close the aforesaid case. If the first petitioner files an application under Section 205 Cr.P.C., the learned Magistrate shall allow the same on such terms and conditions the learned Magistrate deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv