IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Crl.MC.No. 2393 of 2011() ----------------------------------- C.C.62/2011 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. ................ PETITIONERS/ACCUSED ----------------------------------- 1. SHAREEFA, AGED 52, W/O.SHAHUL HAMEED, R/AT KUDUKODDY HOUSE, AMBER, MANGALAPPADY P.O, UPPALA VILLAGE, KASARAGOD. 2. SHAHUL HAMEED, AGED 56, S/O.ABU SAHEB, R/AT KUDUKODDY HOUSE, AMBER, MANGALAPPADY P.O, UPPALA VILLAGE, KASARAGOD. 3. SAIRA BANU, AGED 26, W/O. NIYAS, LULU APARTMENTS, ADKA, MANGALPPADY, NOW R/AT AMIN MANZIL, BANDIYODU, P.O MANGALPADY, MANGALPADY VILLAGE, KASARGOD. 4. NIYAS @ SHEIK NIYAS, S/O.LATE ABOOBACKER SABUDEEN, LULU APARTMENTS, ADKA, MANGALPPADY, NOW R/AT AMIN MANZIL, BANDIYODU, P.O MANGALPADY, MANGALPADY VILLAGE, KASARGOD. BY ADV. SMT.R.PADMAKUMARI RESPONDENTS/STATE & COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RIYANA, AGED 22, W/O.MUSTAQ AHAMMED, SHAMEEM QUARTERS, NEAR AMBEDKAR CLUB, SONGAL, MANGALPADDY VILLAGE, NOW R/AT KUDUKKODDY HOUSE, AMBER, MANGALAPPADY P.O, UPPALA VILLAGE, KASARAGOD-698 601. R1 BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2393 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE FIR IN CRIME NO.708/10 OF KUMBALA POLICE STATION. ANNEXURE A2: COPY OF THE CHARGE SHEET IN C.C.62/11 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. ANNEXURE A3: COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONERS AND 2ND RESPONDENT. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2393 of 2011 - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2011. O R D E R Heard the learned counsel for the petitioners, the learned counsel for the 2nd respondent/de facto complainant and the learned Public Prosecutor. 2. The petitioners are the accused in Crime No. 708 of 2010 of Kumbala Police Station for an offence punishable under Section 498-A I.P.C and now pending as C.C. No.62 of 2011 on the file of the Chief Judicial Magistrate, Kasaragod. The parties have settled the dispute out of court. 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.62 of 2011 pending before the Chief Judicial Magistrate, Kasaragod be treated as closed. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv