IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Crl.MC.No. 3590 of 2011() ------------------------- CC.1917/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR ............................................... PETITIONER(S): 4TH ACCUSED -------------------------- SALEEM PRASAD, S/O. SANKARAN, CHENDAYIL HOUSE, NADUVILKARAN DESOM, VADANAPPALLY, THRISSUR DISTRICT. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. SOUMYA, D/O. MOHANAN, AGED 24 YEARS, KOTTUKKAL HOUSE, MULLASSERY VILLAGE, CHAVAKKAD.P.O., THRISSUR DISTRICT-(DEFACTO COMPLAINANT)-680 504. 2. SUB INSPECTOR OF POLICE, (COMPLAINANT) ANTHIKKAD POLICE STATION, THRISSUR REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. BY ADV.SMT.R.REMA, PUBLIC PROSECUTOR SRI.M.H.DHANIL FOR R1. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3590 of 2011() APPENDIX PETITIONER(S) EXHIBITS : ANX.A1 : A CERTIFIED COPY OF THE F.I.R. DT.13-11-2009 IN CRIME NO.809 OF 2009 ON THE FILES OF THE AANTHIKKAD POLICE STATION. ANX.A2 : A CERTIFIED COPY OF THE FINAL REPORT DT.14-12-2009 FILED BEFORE THE JFCM COURT, THRISSUR, IN CC NO.58/2010. ANX.A3 : A CERTIFIED COPY OF THE JUDGEMENT IN C.C. NO.58/2010. ANX.A4 : A TRUE COPY OF THE ORDER OF THE FAMILY COURT IN OP.NO.1828/2010. ANX.A5 : ORIGINAL AFFIDAVIT DATED 17-10-2011 SWORN BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE ami/ N.K.BALAKRISHNAN, J. ------------------------------- Cr.M.C.No.3590 of 2011 ------------------------------- Dated this the 20th day of October, 2011. O R D E R The petitioner is the 4th accused in C.C.No.58/10, which is renumbered as C.C.No.1917/10 of JFCM-II, Thrissur. He and other accused persons were charge sheeted by the police alleging commission of offence under Sections 406, 418, 420 and 498(a) r/w 34 of IPC. Other accused faced trial and they were acquitted by the court below as per Annexure 3 judgment. The case of this petitioner was split up as he was then not available. 2. The defacto complainant who is shown as the 1st respondent is represented in this Court by her counsel. Annexure A5 is the affidavit, which shows that the parties have settled the matter out of court. In view of the settlement arrived at, this petition is allowed. Further proceedings in C.C.No.1917/10 of JFCM-II, Thrissur, is quashed. N.K.BALAKRISHNAN Judge. ami/