IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Crl.MC.No. 3999 of 2011() ----------------------------------- CC.760/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I,KOYILANDY ............................................................................................... PETITIONERS: ACCUSED ---------------------- C.SADIQUE BASHA, S/O. CHAND BASHA, CHINNA ALLAPURAM, VELLOOR P.O., VELLOOR-632 004, TAMIL NADU. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. RUKSANA, D/O. NASSAR, AGED 24 YEARS, "MATTUVAYAL HOUSE", ELATHUR P.O., KORAPPUZHA, CALICUT-673 303. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.B.SAJITH R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JM CRMC NO.3999 OF 2011 APPENDIX PETITIONER(S) EXHIBITS : ANNEXURE 1 : CERTIFIED COPY OF THE JUDGMENT IN CC 760/07 OF JUDICIAL FIRST CLASS MAGISTRATE, KOYILANDY, DTD.27.9.2010. ANNEXURE 2 : ORIGINAL AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT NO.1, DTD.9.3.2011. ANNEXURE 3 : ORIGINAL AFFIDAVIT SWORN BY THE RESPONDENT NO.1/COMPLAINANT DTD.30.10.2011. RESPONDENTS' EXHIBITS : NIL \\TRUE COPY\\ PA TO JUDGE JM N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3999 of 2011 ----------------------------------- Dated this the 1st day of December 2011 O R D E R Petitioner who was the accused in C.C.No.760/2007 on the file of J.F.C.M., Koyilandy was convicted by the learned Magistrate for the offence punishable under Sec.498A IPC. As against the conviction and sentence, appeal has been filed which is now pending before Addl. Sessions Court Adhoc-I, Kozhikode as C.A.No.742/2010. First respondent is the de facto complainant in that case. She is represented in this Court by her counsel. Learned counsel for the petitioner submits that petitioner had deposited Rs.20,000/-, the amount ordered to be deposited as a condition while suspending the sentence. It is also submitted that subsequently the parties have settled the matter out of court and an agreement was also entered into between the parties. Affidavit of the de facto complainant has been filed stating that the entire matter has been Crl.M.C. No.3999 of 2011 -: 2 :- settled out of court. Since the dispute is purely personal in nature and as the dispute has been settled out of court, in the interest of justice, it is just and proper that the verdict of conviction is set aside, as otherwise it would run counter to the settlement arrived at between the parties. In the result, this Crl.M.C. is allowed. The conviction and sentence passed against the petitioner in C.C.No.760/2007 on the file of J.F.C.M., Koyilandy will stand set aside. All further proceedings in C.C.No.760/2007 will stand quashed. Learned Addl. Sessions Judge (Fast Track- II), Kozhikode will take off the criminal appeal (Crl.A.No.742/2010) from the file of that court. The sum of Rs.20,000/- stated to have been deposited by the petitioner herein before the Sessions Court, Kozhikode shall be released to him. N.K.BALAKRISHNAN, JUDGE. Jvt