IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Crl.MC.No. 2445 of 2011() ----------------------------------- CC.735/2010 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE CRIME NO.192/2010 OF KOZHIKODE TOWN POLICE STATION. .................... PETITIONER(S): ------------------------ K.M.SHYAMA, AGED 67 YEARS, D/O.NARAYANAN, DOOR NO.3/2501-DH, DREAM CITY BEACH AVENUE APARTMENTS, KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SMT.K.K.PREETHA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, TOWN POLICE STATION, KOZHIKODE-673011. (CRIME NO.192/2010), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. 2. K.M.PREM, YEARS, S/O.K.M.JAIPAL, LEELALAYA, A-15, JAWAHAR NAGAR, ERANHIPALAM P.O., CALICUT- 673 006. R1 BY PUBLIC PROSECUTOR SRI.B.VINOD R2 BY ADV. SRI.MANJERI SUNDERRAJ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.2445/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE CRIME/FIR NO.192/2010 KOZHIKODE TOWN POLICE STATION. A2:- COPY OF THE COMPLAINT AND WITNESS LIST FILED BY THE PETITIONER IN CC 735/2010 IN JFCM COURT I, KOZHIKODE. A3:- COPY OF THE FINAL REPORT IN CRIME/FIR NO.192/2010 KOZHIKODE TOWN POLICE STATION, WITH ENGLISH TRANSLATION A4:- COPY OF THE 2ND RESPONDENT'S LAWYER'S LETTER TO THE PETITIONER. A5:- COPY OF THE 2ND RESPONDENT'S CHEQUE FOR RS. 86,347/- TO THE PETITIONER. A6:- COPY OF THE 2ND RESPONDENT'S CHEQUE FOR RS. 20,400/0 TO THE PETITIONER. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2445 of 2011 - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2011. O R D E R Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the 2nd respondent. 2. The petitioner is the de facto complainant in Crime No. 192 of 2010 of Town Police Station, Kozhikode for an offence punishable under Section 420 IPC and now pending as C.C. No. 735 of 2010 before the Judicial First Class Magistrate-I, Kozhikode. The learned counsel for the petitioner/de facto complainant submits that the matter has been settled outside the court and the petitioner is not interested to proceed with the case. If that be so, let the petitioner and respondent No.2 make a statement before the trial court to that effect on or before 31.08.2011. In that event if the learned trial court is satisfied that the matter has been settled out of court, then it shall close the case. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv