IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Crl.MC.No. 2970 of 2011() ------------------------- CC.353/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR CR. NO.502/2010 of NILAMBUR POLICE STATION .................... PETITIONERS/ACCUSED AND DEFACTO COMPLAINANT:- --------------------------------------------------------------- 1. SURESH BABU, AGED 33 YEARS, S/O.CHANDU, KUTTIPPOLIYAN HOUSE, THRIKKALANGODE P.O., MALAPPURAM DISTRICT. 2. CHANDU, AGED 55 YEARS, KUTTIPPOLIYAN HOUSE, THRIKKALANGODE P.O. MALAPPURAM DISTRICT. 3. SARALA, AGED 42 YEARS, W/O.CHANDU, KUTTIPPOLIYAN HOUSE, THRIKKALANGODE P.O., MALAPPURAM DISTRICT. 4. KAVITHA, W/O.SURESH BABU, KUTTIPPOLIYAN HOUSE, CHANDAKKUNNU P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT/STATE:- -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NILAMBUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. M.R. VENUGOPAL, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO.2970/2011 APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A1 : TRUE COPY OF THE FIR IN CR. NO.502/2010 OF NILAMBUR POLICE STATION ALONG WITH ENGLISH TRANSLATION. ANNEXURE A2 : TRUE COPY OF THE CHARGE SHEET IN CR. NO.502/2010 OF NILAMBUR POLICE STATION ALONG WITH ENGLISH TRANSLATION. ANNEXURE A3 : ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 4TH PETITIONER/ DE FACTO COMPLAINANT. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.2970 of 2011 - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners 1 to 3 are the accused in Cr. No.502 of 2010 of Nilambur Police Station for offences punishable under Sections 406 and 498A r/w Section 34 IPC and now pending before the Judicial First Class Magistrate, Nilambur as C.C. No. 353 of 2010. It is stated that the matter has been settled between the parties. 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 4th petitioner who is the wife of the first petitioner appears before the Magistrate on or before 30.09.2011 and makes a statement to that effect, her statement shall be recorded. In that event if the learned Magistrate is satisfied that the matter has been settled out of court, then he shall close the case. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv