IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Crl.MC.No. 2174 of 2011() ------------------------- CC.140/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT NO.1, CHANGANACHERRY .................... PETITIONER(S): ----------------------- MANJU LUKOSE, AGED 27 YEARS, D/O.P.V.LUKOSE, RESIDING AT PALLIKKALATHIL HOUSE, KANAM P.O., CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------------------- 1. JIJI MATHEW, S/O.V.A.MATHEW, VATTACHEL HOUSE, PERUMPANACHI P.O., MADAPPALLY, CHANGANACHERRY - 686 536. 2. SOSAMMA MATHEW, W/O.V.A.MATHEW, VATTACHAL HOUSE, PERUMPANACHI P.O., MADAPPALLY, CHANGANACHERRY - 686 536. 3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2174/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF THE FINAL REPORT IN CC NO.140/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE NO.1, CHANGANACHERRY. ANNEX.2: COPY OF O.P.NO.464/2011 ON THE FILE OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2174 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of July, 2011 ORDER Heard learned counsel for the petitioner, learned counsel for the defacto complainant and the learned Public Prosecutor. 2. This petition is filed under Section 482 of the Code of Criminal Procedure. Petitioner is the defacto complainant in C.C.No.140/2011 pending on the file of the Judicial First Class Magistrate Court I, Changanacherry. Petitioner states that the matter has been settled and an application for divorce has been filed under Section 10A of the Divorce Act. Since the matter has been settled between the parties, no useful purpose will be served in keeping this case pending on the file of this court. 3. It is stated by the learned counsel for the defacto complainant as well as the petitioner that the matter has been settled between the parties. 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 quashed. If the defacto complainant makes a statement before the Magistrate within three weeks from today that she is divorced and matter has been settled out of court, the learned Magistrate shall treat the case as closed. Crl.M.C. is closed. B.P.RAY, JUDGE jes