IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Crl.MC.No. 1220 of 2011(B) -------------------------------------- [CC.NO.753/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT -V, KOZHIKODE, CRIME NO.472/08 OF THE NALLALAM POLICE STATION] .................... PETITIONERS/ACCUSED NO.1 TO 5: ---------------------------------------------------- 1. SUSEELAN, S/O.LATE HARIDASA, AGED 35 YEARS, PALAKARA HOUSE,P.O.KOLATHARA,KOZHIKODE. 2. KARTHI, W/O. LATE HARIDASAN, AGED 62 YEARS, PALAKARA HOUSE,P.O.KOLATHARA,KOZHIKODE. 3. SUNIL KUMAR, S/O. LATE HARIDASAN, AGED 41 YEARS, PALAKARA HOUSE,P.O.KOLATHARA,KOZHIKODE. 4. SUMESH, S/O. HARIDASAN, AGED 38 YEARS, PALAKARA HOUSE,P.O.KOLATHARA,KOZHIKODE. 5. BINDU, W/O.SUNILKUMAR, AGED 35 YEARS, PALAKARA HOUSE,P.O.KOLATHARA,KOZHIKODE. BY ADV. SRI.V.N.RAMESAN NAMBISAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. 2. ANUPAMA, D/O. CHANDRASEKHARAN, AGED 26 YEARS,VELLATHUMPADATH HOUSE, P.O.PALAZHI, KOZHIKODE-673 001. R1 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.1220/2011-B: APPENDIX PETITIONERS' ANNEXURES: ANNEXURE -1: COPY OF THE FIR IN CRIME NO. 472/08 REGISTERED BY NALLALAM POLICE STATION DTD. 04/10/2008. ANNEXURE -2: COPY OF THE CHARGE IN CRIME NO. 472/08 REGISTERED BY NALLALAM POLICE STATION. ANNEXURE -3: COPY OF THE JUDGMENT DTD. 06/12/2010 OF THIS HON'BLE COURT IN MAT. APPEAL NO. 783/2009. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1220 of 2011 - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2011. O R D E R Heard the learned counsel for the petitioners and the learned counsel for the 2nd respondent/de facto complainant and the learned Public Prosecutor. 2. The petitioners are accused Nos. 1 to 5 in Crime No. 472 of 2008 of Nallalam Police Station for offences punishable under Sections 498-A, 406 and 506(1) r/w Section 34 I.P.C and now pending as C.C. No. 753 of 2008 on the file of the Judicial First Class Magistrate-V, Kozhikode. The parties have settled the dispute and accordingly decree of divorce have been granted. In view of the authoritative pronouncement of the Apex Court in Joshy v. State of Haryana - 2003(2) KLT 1062 and in view of the fact that the matter has been settled between the parties, the complaint is to be quashed. In that view of the matter, since the parties have settled the matter, I direct that C.C. No. 753 of 2008 pending before the Judicial First Class Magistrate-V, Kozhikode be treated as closed. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv