IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Crl.MC.No. 2766 of 2011() ------------------------- CC.850/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): ---------------------- NAJEEB,S/O.KOYAMU THANGAL, AGED 31 YEARS,CHERKKARA PADUVANGAL HOUSE, VARANTHARAPPILLY VILLAGE,POUND DESOM, THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS/DEFACTO COMPLAINANT, STATE AND ACCUSED 2 TO 4: -------------------------------------------------------------------------------------------------------- 1. SHEREENA,D/O.SALIM, AGED 25 YEARS,KURUPPAM VEETIL HOUSE, VARANTHARAPPILLY VILLAGE,PLAPPILLY DESOM, THRISSUR DISTRICT 680 011. 2. STATE OF KERALA/SUB INSPECTOR OF POLICE VARANTHARAPPILLY POLICE STATION, THRISSUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, COCHIN-31. 3. PATHUMMA,AGED 60 YEARS, W/O.KOYAMU THANGAL,AGED 31 YEARS, CHERKKARA PADUVANGAL HOUSE, VARANTHARAPPILLY VILLAGE,POUND DESOM, THRISSUR DISTRICT 680 001. 4. SHEMEEJA, D/O.KOYAMU THANGAL,AGED 28 YEARS, (W/O. SHAMSU),PONNOLAVALAPPIL HOUSE, CHERPU VILLAGE,CHERPU DESOM, THRISSUR DISTRICT 680 001. 5. SHAMSU, S/O.VEERANKUNJU,AGED 36 YEARS, PONNOLAVALAPPIL HOUSE,CHERPU VILLAGE, CHERPU DESOM,THRISSUR DISTRICT 680001. R1 BY ADV. SMT.K.P.SHAMEENA R2 BY PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2766 of 2011() ----------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------ ANNEXURE A. COPY OF THE CHARGE SHEET /FINAL REPORT SUBMITTED BY THE POLICE DATED 30.1.10 BEFORE THE JFCM COURT, IRINJALAKKUDA IN CC NO.850/10. RESPONDENT'S ANNEXURE : NIL ---------------------------------------- / TRUE COPY / P.A. TO JUDGE VK B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2766 of 2011 - - - - - - - - - - - - - - - - Dated this the 22nd day of August, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the first accused in Crime No. 470 of 2009 of Varantharappilly Police Station for offences punishable under Sections 498A, 406 and 120(B) r/w Section 34 IPC and now pending as C.C.No. 850 of 2010 before the Judicial First Class Magistrate, Irinjalakuda. It is stated that the matter has been settled between the parties and the 1st respondent/de facto complainant is not interested to proceed further against the accused. In view of the decision reported in Joshy v. State of Haryana - 2003(2) KLT 1062, the continuance of a criminal case will not enure to the benefit of either parties. The petitioner and the de facto complainant shall make a statement before the trial court to that effect. In that event, if the learned trial court is satisfied that the matter has been settled between the parties, then it shall close the case. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv