IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.MC.No. 3563 of 2011() ------------------------- CC.117/2010 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER(S): --------------- SHAMLA SHARAF, D/O.MUHAMMED ASHRAF, CHETTETHODI HOUSE, THAZHATHANGADI, AREACODE P.O., ERNAD TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY G A.S.I. OF POLICE, AREACODE POLICE STATION,THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. MUJEEB RAHMAN, S/O.ALI HAJI,OTTAKANDATHIL PUTHEN PURACKAL CHERIYAKKAD VEETTIL,POST THRIPPANACHI VIA KONDOTTY 673 641,MALAPPURAM DISTRICT 3. MARIYUMMA, W/O.SHOUKKATH ALI,OTTAKANDATHIL PUTHEN PURACKAL CHERIYAKKAD VEETTIL,POST THRIPPANACHI,VIA KONDOTTY 673 641,MALAPPURAM DISTRICT 4. FATHIMA,W/O.ALI HAJI, OTTAKANDATHIL PUTHEN PURACKAL CHERIYAKKAD VEETTIL,POST THRIPPANACHI, VIA KONDOTTY 673 641,MALAPPURAM DISTRICT 5. SHOUKATHALI, S/O. ALI HAJI,OTTAKANDATHIL PUTHEN PURACKAL CHERIYAKKAD VEETTIL,POST THRIPPANACHI, VIA KONDOTTY 673 641, MALAPPURAM DISTRICT 6. RASHIDA, W/O.MUNEER,CHGEMPAKATH VEEDU,THERATTAMMAL, POST OORGATTIRI,AREACODE,MALAPPURAM DISTRICT 673 639 (ALL RESIDING WITHIN THE JURISDICTION OF AREACODE POLICE STATION) BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3563 of 2011() APPENDIX PETITIONERS ANNEXURES :- ANNEXURE 1 : CERTIFIED COPY OF THE FIR IN CRIME NO.179/2010 OF AREACODE POLICE STATION ANNEXURE 2 : TRUE COPY OF THE NOTARIZED AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT DATED 20-09-2011. ANNEXURE 3 : TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE PETITIONER AND DULY ATTESTED BY THE COUNSEL DATED 04-10-2011. RESPONDENTS ANNEXURE : NIL. //TRUE COPY// P.A TO JUDGE amk. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3563 of 2011 ---------------------------------------------------- Dated this the 19th day of October, 2011 Order The petitioner is the defacto complainant in Crime No.179 of 2010. That case is now pending before the C.J.M.Court, Manjeri as CC No.117 of 2010. The charge sheet was laid against the accused in that case alleging offences under Sections 498A, 406 and 323 read with 34 IPC. The learned counsel for the petitioner submits that subsequently at the intervention of the mediators, the matter was settled pursuant to which an agreement was also executed between the parties. In terms of the settlement, this case also has to be withdrawn. Annexure C is the affidavit of the defacto complainant stating that she has no other grievance and the matter was settled. In view of what is stated above, this Crl.M.C. is allowed. The further proceedings in CC No.117 of 2010 of the C.J.M.Court, Manjeri is quashed. N.K.BALAKRISHNAN, JUDGE. srd 2 3