IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Crl.MC.No. 4439 of 2011 ---------------------------------- CC.73/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM ......................................................................................................................... PETITIONER : -------------------- JOMY XAVIER, S/O.XAVIER, THURUTHEL HOUSE, MANJOOR P.O, KURUPPUMTHARA. BY ADVS. SRI.R.PARTHASARATHY SMT.SEEMA RESPONDENTS : ------------------------- 1. ALPHONSA @ KUNJUMOL, D/O.LATE JOSEPH, THELLIKKUNNEL, MARANGATTUPALLY PANCHAYATH, ELACKADU KARA, KOTTAYAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. ADV. SRI.V.P.MOHAMMED NIYAZ FOR R1 PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/- Crl.MC.No. 4439 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 : COPY OF THE FIR IN CRIME NO.436/2004 OF KADUTHURUTHY POLICE STATION. ANNEXURE A2 : COPY OF THE FINAL REPORT SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, VAIKOM. ANNEXURE A3 : COPY OF THE AFFIDAVIT EXECUTED BY 1ST RESPONDENT DATED RESPONDENTS' ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4439 of 2011 ---------------------------------------------------- Dated this the 22nd day of December, 2011 Order The petitioner was the first accused in CC No.456 of 2005 on the file of JFCM Court, Vaikom. The other accused, after trial, were acquitted by the learned Magistrate. Since the petitioner was absconding, his case was spilt up and renumbered as CC No.73 of 2009. The defacto complainant is the first respondent herein. She is represented in this court by her counsel. It is submitted by counsel on both sides that the entire dispute has been settled between the parties and that the first respondent has no more grievance against the petitioner. Annexure A3 affidavit to that effect has been filed. Since the dispute is purely personal and the parties have settled the dispute, this Crl.M.C. is allowed. Further proceedings in CC No.73 of 2009 on the file of JFCM Court, Vaikom is quashed. N.K.BALAKRISHNAN, JUDGE. srd 2 3