IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Crl.MC.No. 2922 of 2011(C) ------------------------- CC.163/2011 of CHIEF JUDITIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S): ACCUSED NOS. 1 TO 4 ---------------------------------- 1. SHAJI @ SHAJAHAN, AGED 30 YEARS, S/O.HAMSA, ERAYATH HOUSE, KATHRIKKADAVU, KADAVANTHRA, ERNAKULAM DISTRICT. 2. HAMSA, AGED 55 YEARS, S/O.KUNJABDULLA, ERAYATH HOUSE, KATHRIKKADAVU, KALOOR, KADAVANTHRA, ERNAKULAM DISTRICT. 3. LAILA, AGED 48 YEARS, W/O.KUNJABDULLA, ERAYATH HOUSE, KATHRIKKADAVU, KALOOR, KADAVANTHRA, ERNAKULAM DISTRICT. 4. SINI, D/O.SUPRAN, MAMBRAPARAMBATH HOUSE, SEMINARYPADY, U.C.COLLEGE P.O., ALUVA. BY ADV. SRI.DILEEP VARGHESE RESPONDENT(S): DEFACTO COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-31. 2. NAZEERA, AGED 23 YEARS, W/O.SHAJI @ SHAHJAHAN, ERAYATH HOUSE, KATHRIKKADAVU DESOM, KALOOR, ERNAKULAM DISTRICT, PIN-682 017. BY PUBLIC PROSECUTOR SRI. B. JAYASURYA FOR R1 ADV. SRI. S. PRASUN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2922 of 2011 APPENDIX: PETITIONERS' ANNEXURES: ANNEXURE A1: THE TRUE COPY OF THE FINAL REPORT IN CRIME No.145 OF 2010 OF THE KOLAVALLOOR POLICE STATION ANNEXURE A2: THE TRUE COPY OF THE AFFIDAVIT DATED 22.6.2011 SWORN BY THE 2ND RESPONDENT HEREIN. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE. Kp/ N.K.BALAKRISHNAN, J ----------------------------------------- Crl.M.C.No. 2922 of 2011 ------------------------------------------ Dated this the 31st day of August, 2011. O R D E R Learned counsel for the defacto complainant/second respondent submits that she is in the advanced stage of pregnancy and so she could not collect the memorandum of evidence so as to furnish the same to the counsel. The learned counsel appearing for the accused and the de facto complainant are present. It is submitted, both parties have settled the matter out of court. The affidavit of the de facto complainant has been produced. Since the dispute is purely personal in nature and as the parties have settled the matter, it is just and proper to allow the petition. Hence the petition is allowed and further proceedings in C.C. No. 163/2011 of CJM, Thrissur is quashed. N.K.BALAKRISHNAN, JUDGE. The figure and words “Crime No.163/2011 of CJM, Thrissur” occurring in the last sentence of the order dated 31/08/2011 in Crl.M.C.2922/2011 are corrected and substituted as “C.C.No.163/2011 of the CJM, Thalassery”, as per order dated 12/10/2011 in Crl.M.A. 6476/2011 in Crl. M.C. 2922/2011. sd/- Registrar (Judicial) smvd