IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Crl.MC.No. 2201 of 2011() -------------------------------------- (CRIME NO.349/08 OF KODANAD POLICE STATION) .... PETITIONER(S): ACCUSED: ----------------------------------------- ELDHOSE,AGED 39 YEARS,S/O.LATE KURIAKOSE, MALILAN HOUSE,AIMURY KARA,KOOVAPPADY VILLAGE. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENT(S): STATE AND DEFACTO COMPLAINANT: -------------------------------------------------------------------------------------- 1. STATE OF KERALA,REP.BY DIRECTOR GENERAL OF PROSECUTION,HIGH COURT OF KERALA,ERNAKULAM. 2. BINCY,AGED 27 YEARS,D/O.VARGHESE, KULANGARA HIOUSE,MATTOOR KARA,KALADY. R1 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA R2 BY ADV. SMT.M.A.BINDU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2201/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF FIR 394/08 OF KODANAD POLICE STATION ALONG WITH THE COMPLAINT FILED BY THE 2ND RESPONDENT AND ENGLISH TRANSLATION. ANNEX.A2: COPY OF FINAL REPORT SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR IN CRIME NO.394/08 OF KODANAD POLICE STATION AND ENGLISH TRANSLATION. ANNEX.A3: COPY OF AFFIDAVIT SIGNED BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 2201 OF 2011 ------------------------------------------------- DATED THIS THE 20th DAY OF JULY, 2011 O R D E R Heard learned counsel for petitioner and Adv. Smt. M.A Bindu, learned counsel appearing for the defacto complainant. 2. Petitioner is an accused for offences punishable under Section 498(A) and 406 of IPC arising out of Crime No.394/2008 of Kodanad Police station and pending before the Judicial First Class Magistrate, Perumbavoor. Now the parties have settled the issue between them. The Petitioner and the 2nd respondent had filed an application for divorce which has been allowed. Since they have settled the matter out of Court and in view of the authoritative pronouncement of judgment by the Apex Court in Joshy V. State of Haryana reported in 2003 (2) KLT 1062, the continuance of a criminal case will not enure to the benefit of either parties. Petitioner and the 2nd respondent make a statement before the concerned Magistrate that the matter has been settled between parties. Learned Magistrate shall record the statement of the petitioner and the defacto complainant and if he is Crl. M.C No.2201/2011 -2- satisfied that the matter has been settled between the parties, the Magistrate shall close the case. Crl. M.C is disposed of as above. Sd/ B.P. RAY, JUDGE. AMG True copy P.A to Judge