IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Crl.MC.No. 2361 of 2011() ------------------------------------ C.C.366/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKARA, KOZHIKODE DIST. ................... PETITIONERS/ACCUSED ----------------------------------- 1. JALAL, AGED 34 YEARS, S/O.ABDULRAHIMAN, FEHAS HOUSE, PANTALAYANI ROAD, RAILWAY STATION, KOYILANDY, KOYILANDY P.O., KOYILANDY POLICE STATION, KOZHIKODE DISTRICT. 2. SUHARA, D/O.ABDUL RAHIMAN, 49 YEARS, SUHARAS, NEAR KEERTHI MUDRA THEATRE, VATAKARA P.O., VADAKARA POLICE STATION LIMIT. 3. SAKKEER, S/O.ABDUL RAHIMAN, 39 YEARS, SUHARAS, NEAR KEERTHI-MUDRA THEATRE, VATAKARA P.O., VADAKARA POLICE STATION LIMIT. 4. RAHANAS, D/O.ABDUL RAIMAN, 32 YEARS, M.C. QURTERS, PUNNOL, THALASSERY, THALASSERY POLICE STATION LIMIT. 5. ASHRAF, S/O.ABDUL RAHIMAN, 36 YEARS, M.C. QURTERS, PUNNOL, THALASSERY, THALASSERY POLICE STATION LIMIT. BY ADV. SRI.C.BHASKARAN RESPONDENTS/STATE & DEFACTO COMPLAINANT -------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.204 OF 2008 OF EDACHERY POLICE STATION). 2. SAFEENA, AGED 26 YEARS, D/O.MUHAMMED, SAFINAS, POOZHITHALA AZHIYUR P.O., VADAKARA, CHOMBALA POLICE STATION, PIN-673 107. R1 BY PUBLIC PROSECUTOR MR.B. VINOD. R2 BY ADV. SRI.V.V.SURESH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2361 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1: COPY OF THE FIRST INFORMATION REPORT. ANNEXURE 2: COPY OF THE FINAL REPORT FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKARA. ANNEXURE 3: COPY OF THE SWORN BY THE 2ND RESPONDENT. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. Crl.M.C.NO.2361 of 2011 Dated this the 28th day of July 2011 O R D E R Petitioner is the accused in crime No.366/2008 of Vadakara police station now pending as C.C.No.366/2008 on the file of the J.F.C.M Court, Vadakara for the offence punishable under Sections 406, 498(A) read with 149 I.P.C. 2. Heard the learned counsel for the petitioner. The learned counsel for the petitioner submits that the matter has been settled out of court. 3. If that be so, in view of the authoritative pronouncement of the Apex Court in Joshi v. State of Hariyana [2003(2)KLT 1067], no useful purpose will be served in keeping the case pending. The parties shall appear before the learned Magistrate on or before 11/08/2011 and make a statement to the effect that the matter has already been settled between themselves and the learned Magistrate, if satisfied that the matter has been settled between the parties, shall close the case. 4. Crl.M.C is disposed of as above. (sd/-) (B.P.RAY, JUDGE) jsr // True Copy// PA to Judge CRL.M.C.No. 2 CRL.M.C.No. 3 CRL.M.C.No. 4 CRL.M.C.No. 5