IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Crl.MC.No. 2337 of 2011() ------------------------------------- CC.NO. 471/2008 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR CRIME NO.264/2005 OF MUNAMBOM POLICE STATION .................... PETITIONER(S): SOLE ACCUSED ------------------------------------------------- JEEVAN, S/O.SUBRAMANYAN, PONOTHVEEDU, PALLIPURAM VILLAGE, CHERAYI, ERNAKULAM DISTRICT. BY ADV. SRI.AMJAD ALI SRI.MANSOOR.B.H. RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER, MUNAMBOM POLICE STATION, ERNAKULAM DISTRICT. 2. PRIYA, D/O.SANKARAN, KETTILLIL, KADAPURAM VILLAGE, CHAVAKKAD, THRISSUR DISTRICT. 680 514. R1 BY PUBLIC PROSECUTOR SRI.B.VINOD R2 BY ADV. SMT.LISHA.M.G. SMT.LEELA.R THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2337 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2011 ORDER Heard learned counsel for the petitioner, learned counsel for the defacto complainant and the learned Public Prosecutor. 2. This petition is filed under Section 482 of the Code of Criminal Procedure with a prayer to quash annexure A charge sheet and all further proceedings pursuant to C.C.471/208 pending on the file of Judicial First Class Magistrate Court, North Paravur arising out of Crime No.264/2005 of Munambom Police Station alleging commission of offences punishable under Sections 498(A) and 506 of the Indian Penal Code. 3. Learned counsel for the petitioner submits that the matter has been settled between the parties. 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 quashed. If the second respondent makes a statement before the Magistrate within three weeks from today that she is divorced and matter has been settled out of court, the learned Magistrate shall treat the case as closed. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes