IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 Crl.MC.No. 3113 of 2011() ----------------------------- CRIME NO. 578/2011 of VELLIKULANGARA POLICE STATION PETITIONER/ ACCUSED 1 & 2: --------------------------------- 1. BAIJU K.V., S/O. VALAYUDHAN, AGED 31 YEARS, KALAPURAKKAL HOUSE, CHEMBUCHIRA P.O., KODAKARA VIA, THRISSUR DISTRICT. 2. BHARATHY E.K., W/O. VALAYUDHAN, AGED 55 YEARS, KALAPURAKKAL HOUSE, CHEMBUCHIRA P.O., KODAKARA VIA, THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS/ DE FACTO COMPLAINANT & STATE: ---------------------------------------------------------- 1. SABITHA BAIJU, D/O. P.S.BABU, AGED 26 YEARS, PALLIYIL HOUSE, KALADY PLANTATION QUARTERS, B- DIVISION, AYYAMPUZHA VILLAGE - 683 581. 2. STATE OF KERALA/ SUB INSPECTOR OF POLICE, VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.K.P.SHAMEENA FOR R1 SRI. JAIBY PAUL, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3113 of 2011() APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A : TRUE COPY OF THE FIR SUBMITTED BY THE POLICE DATED 31.07.2011 BEFORE THE JFCM COURT, CHALAKKUDY. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.3113 of 2011 - - - - - - - - - - - - - - - - Dated this the 7th day of September, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners are accused Nos. 1 and 2 in Crime No. 578 of 2011 of Vellikulangara Police Station for an offence punishable under Section 498(A) IPC. It is stated that the matter has been settled between the parties. 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 first respondent/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 out of court, then it shall close the case. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv Crl.M.C. No. -:2:-