IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Crl.MC.No. 1588 of 2011() ------------------------------------ CC.1570/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR. CRIME NO.688/2008 OF CHENGANNUR POLICE STATION. .................... PETITIONER(S): ACCUSED ------------------------------------- DEEPU SURENDRAN, AGED 35 YEARS, S/O.SURENDRAN, 'DEEPALAYAM', PALAYAMKUNNU (P.O), VINGODE VILLAGE, VARKALA, KOLLAM. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VISWAKALA VASUDEVAN, AGED 32 YEARS, D/O.CHANDRIKA, 'LAL BHAVAN', AALA VILLAGE, CHENGANNUR, ALAPPUZHA REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SAJILAL VASUDEVAN- 689121. R1 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1588/2011 APPENDIX PETITIONER'S ANNEXURES A:- COPY OF THE FIR IN CRIME NO.688/08 OF CHENGANNUR POLICE STATION. B:- COPY OF THE COMPROMISE PETITION EXECUTED BETWEEN THE PARTIES. C:- COPY OF THE F.D. RECEIPT ISSUED IN FAVOUR OF THE 2ND RESPONDENT. D:- COPY OF THE PETITION DTD. 24.3.2011 FILED BEFORE THE HONOURABLE FAMILY COURT, ALAPPUZHA. E:- COPY OF THE NO OBJECTION PETITION FILED BY PETITIONER'S POWER OF ATTORNEY HOLDER. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1588 of 2011 - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the sole accused in Crime No. 688 of 2008 of Chengannur Police Station for offences punishable under Sections 323, 341, 506(i) and 294(b) IPC and now pending as C.C. No. 1570 of 2008 before the Judicial First Class Magistrate-I, Chengannur. There is a series of dispute between the parties both before the criminal court as well as the Family Court, Alappuzha. On the intervention of gentlemen, the matter has been settled on certain conditions and an application for mutual divorce was filed before the Family Court as O.P. Nos. 26 and 28 of 2009. The conditions of settlement in the compromise petition are quoted hereunder: 1. 2nd respondent and power of attorney holder of 1st respondent agreed to pay Rs.11,00,000/- (Eleven lakhs) to the power of attorney holder of the petitioner on or before 12.04.2011. 2. Authorisation letter for transfering the fixed deposit, deposited in Elagaman Panchayath Residents Co-Operative Bank, Palayamkunnu in the joint name of petitioner and 1st respondent. 3. To sign necessary documents for transferring Vehicle No.KL-04-P- 6345 Alto Car by the petitioner. Crl.M.C. No. 1588/2011 -:2:- 4. Crime No. 688/08 dated 02.12.2008 of Chengannor Police Station now pending before the JFMC, Chengannoor is to be settled before the court against the first respondent Deepu V.S. 3. Since the respondent/wife is staying at U.S.A., she has filed those applications through the power of attorney holder who is none other than his brother. But, in spite of notice from this Court, nobody has entered appearance. The learned Public Prosecutor, on instructions, states that the Investigating Officer has contacted the father of respondent No.2 who admits that there is a decree of divorce. 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. Since the matter has been settled between the parties, no useful purpose will be served by directing the petitioner to face trail particularly in such type of cases and the continuance of the criminal case will be abuse of the process of court. In that view of the matter, I direct that C.C. No. 1570 of 2008 pending before the Judicial First Class Magistrate-I, Chengannur be treated to be closed and the accused person shall be discharged of the said charges. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv