IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Crl.MC.No. 2482 of 2011() ------------------------------------ CC.NO. 117/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR CRIME NO.86/2009 OF ALATHUR POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------------------------- 1. B.RAJESH, S/O.SUBRAHMANIAN PILLAI. 2. SUBRAHMANIAN PILLAI, S/O.PARAMESWARAN PILLAI. 3. KAUSALYA, W/O.SUBRAHMANIAN PILLAI PETITIONERS ARE PERMANENTLY RESIDING AT KAVILPADU AMSOM DESOM, OLAVAKKODE, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN SRI.FRINSO MATHEW RESPONDENT(S): COMPLAINANTS ---------------------------------------------------- 1. SUJITHA, D/O.SUBRAHMANIAN PILLAI, PADINJAREKALAM HOUSE, THENHIPALAM P.O., ALATHUR TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.PREETHY R. NAIR R2 BY PUBLIC PROSECUTOR SRI.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2482/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE FIR IN CRIME NO.86 OF 2009 OF THE ALATHUR POLICE STATION. ANNEX A2 COPY OF THE CHARGE IN C.C.NO.117/2009 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, ALATHUR. ANNEX A3 COPY OF THE ENGLISH TRANSLATION OF ANNEXURE-A2 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2482 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2011 ORDER Heard learned counsel for the petitioners, learned counsel for the defacto complainant and the learned Public Prosecutor. 2. Petitioners are arrayed as accused in Crime No.86/2009 of the Alathur Police Station for the offence punishable under Section 498A readwith Section 34 of Indian Penal Code. The case is now pending before the Judicial First Class Magistrate Court, Alathur as C.C.117/2009. 3. It is stated by the learned counsel for the first respondent as well as the petitioners 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 can be quashed. If the first respondent makes a statement before the Magistrate within four 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