IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Crl.MC.No. 2266 of 2011() -------------------------------- CRIME NO.211/2011 OF VIDYANAGAR POLICE STATION IN KASARGOD DISTRICT ...... PETITIONER(S): ACCUSED NOS 1-4 -------------------------------------------------- 1. THAMBAN NAIR, AGED 36 YEARS, S/O.M.KANNAN NAIR, RESIDING AT MAHALAKSHMI PURAM, CHATTANCHAL, PO THEKKIL, KASARAGOD DISTRICT. 2. M.KANNAN NAIR, AGED 70 YEARS, RESIDING AT MAHALAKSHMI PURAM, CHATTANCHAL, PO THEKKIL, KASARAGOD DISTRICT. 3. KARTHYAYINI AMMA, AGED 62 YEARS, W/O.M.KANNAN NAIR, RESIDING AT MAHALAKSHMI PURAM, CHATTANCHAL, PO THEKKIL, KASARAGOD DISTRICT. 4. RADHAMANI, AGED 43 YEARS, W/O.CHANDRAN, RESIDING AT MAHALAKSHMI PURAM, CHATTANCHAL, PO THEKKIL, KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): DEFACTO-COMPLAINANT & STATE ----------------------------------------------------------------------------- 1. SUBHA.M., AGED 25 YEARS, D/O.CHATTUKUTTY NAIR, RESIDING AT EDACHAL, ANIHA, PO PERUMBALA, PERUMBALA VILLAGE, KASARAGOD TALUK AND DISTRICT-671121. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.CISSY MATHEWS R2 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss W.P.(C) NO.2266/2011 APPENDIX PETITIONER'S ANNEXURES ANNEX.A:- CERTIFIED COPY OF THE COMPLAITN DT. 1`6.4.2011. ANENX.B:- CERTIFIED COPY OF THE FIR IN CIME NO.211/2011. WITH TRANSLATION. ANNEX.C:- COPY OF THE AGREEMENT DT.D 29.6.2011. ANNEX.D:- COPY OF THE AFFIDAVIT DT. 29.6.2011 EVIDENCING SETTLEMENT. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P.RAY, J. Crl.M.C.NO.2266 of 2011 Dated this the 22nd day of July 2011 O R D E R Petitioners are accused in crime No.211/2011 of Vidyanagar police station for the offence punishable under Section 498A r/w 34 I.P.C now pending before the J.F.C.M-I, Kasaragod. 2. Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent/ de facto complainant. Both counsel submit that the 1st petitioner and the 1st respondent/ de facto complainant have now settled the disputes and leading a peaceful life by separating themselves and have filed an application under Section 13(B) of the Hindu Marriage Act for dissolving their marriage which is pending as O.P.No.236/2011 before the Family Court, Kasaragod. 3. In view of the authoritative pronouncement of the Apex Court in Joshi v. State of Hariyana [2003(2)KLT 1067], no useful purpose will be served in keeping the case pending. If the 1st petitioner and the 1st respondent/ de facto complainant CRL.M.C.No.2266/11 2 make a statement on or before 08/08/2011 before the learned Magistrate that the matter has been settled between themselves and the learned Magistrate, if satisfied that the matter has been settled between the parties, shall close the case. This Crl.M.C is disposed of as above. (sd/-) (B.P.RAY, JUDGE) jsr // True Copy// PA to Judge CRL.M.C.No.2266/11 3 CRL.M.C.No.2266/11 4 CRL.M.C.No.2266/11 5