IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 Crl.MC.No. 2078 of 2011() ------------------------- CP.2/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR ................... PETITIONER(S): ACCUSED ---------------------- RAJESH.M.K, S/O.RAGHAVAN, AGED 28, MANIYANKIL KUNJAMBIDUKKA, KAYARALAM, KANNUR, KERALA. BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. USHA, AGED 28, D/O.NARAYANAN, KOYILERIYAN HOUSE, MULLAKKODI.P.O., NANIYOOR NAMBRAM, KANNUR – 670 008 BY ADV. SRI.JACOB SEBASTIAN FOR R2 PUBLIC PROSECUTOR SRI. M.R. VEUGOPAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2078 of 2011 APPENDIX: PETITIONER'S ANNEXURES: ANNEXURE A1: TRUE COPY OF THE FINAL REPORT DATED 2.12.2004 IN FIR No.605/2004 OF KANNUR TOWN POLICE STATION. ANNEXURE A2: AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 20.6.2011. RESPONDENTS' ANNEXURES: NIL. TRUE COPY P.A TO JUDGE. Kp/ B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2078 of 2011 - - - - - - - - - - - - - - - - Dated this the 12th day of July, 2011. O R D E R Heard the learned counsel for the petitioner, the learned counsel for the 2nd respondent and the learned Public Prosecutor. 2. The petitioner is the accused in Crime No. 605 of 2004 of Kannur Town Police Station and now pending as C.P. No. 2 of 2005 before the Judicial First Class Magistrate-II, Kannur for offences punishable under Sections 376 and 506(i) IPC and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act. The petitioner and respondent No.2 state that the matter has been amicably settled between the parties and the second respondent is not interested to proceed with the case. If that be so, respondent No.2 shall make a statement before the learned Magistrate in the aforementioned case. In that event if the learned Magistrate is satisfied that the matter has been amicably settled, then he shall close the case. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv