IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 Crl.MC.No. 2711 of 2011() ------------------------- CC.318/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... PETITIONER(S): ACCUSED ---------------------- 1. BINU, S/O. LATE BALAN, THENGINTHOTTATHIL HOUSE, CHUNGATHARA AMSOM, CHUNGATHARA M.P.M HIGH SCHOOL KUNNU, MALAPPURAM DISTRICT. 2. JANU, W/O. LATE BALAN, THENGINTHOTTATHIL HOUSE, CHUNGATHARA AMSOM, CHUNGATHARA M.P.M HIGH SCHOOL KUNNU, MALAPPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, EDAKKARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN- 682 031. 2. MEKHA MOHAN, D/O.M. SYAMALA, MATHURAKKAD HOUSE, KOLATHUR.P.O PERINTHALMANNA TALUK, MALAPPURAM DISTRICT - 679 338. R1 BY PUBLIC PROSECUTOR SRI.B. VINOD ] R2 BY SMT.M.T.SHEEBA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C No.2711/2011 -2- APPENDIX PETITIONER'S ANNEXURES ANNEXURE - A : TRUE COPY OF THE CHARGE IN CC No.318/2010 OF THE JFCM, NILAMBUR. ANNEXURE - B : TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 11-07-2011 BEFORE A NOTARY PUBLIC. RESPONDENT'S ANNEXURE - NIL //TRUE COPY// P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 2711 OF 2011 ------------------------------------------------- DATED THIS THE 18th DAY OF AUGUST, 2011 O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners are accused in Crime No. 318/2010 of Edakkara Police Station for offences punishable under Sections 498-A and 406 I.P.C and now pending as C.C. No. 318/2010 on the file of the Judicial First Class Magistrate's Court, Nilambur. 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. If that be so, the defacto complainant shall make a statement before the trial court to that effect within one month from today. 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. AMG True copy P.A to Judge