IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Crl.MC.No. 2108 of 2011() ------------------------------------- CP.22/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, KOZHIKODE .................... PETITIONER/ACCUSED --------------------------------- BINU, AGED 30 YEARS, S/O. RAMANKUTTY, MUKKUTTACHUMMAL, KANTHAPURAM, P.O. UNNIKULAM, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS & STATE ------------------------------------- 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION, KOZHIKODE-673 619. 2. DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY, KOZHIKODE-673 573. 3. PRAJISHA, AGED 29 YEARS, D/O. GOPALAN, OLAYAMMAL HOUSE, CHEKKILODE P.O., ATHOLI, KOZHIKODE-673 315. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R1, R2 & R4 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. R3 BY ADV. SRI.HANSON.P.MATHEW. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2108 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE CHARGE SHEET IN CRIME NO.10/11 OF KAKKUR POLICE STATION WHICH IS NOW NUMBER AS C.P. NO.22/2011 ON THE FILE OF JUDICIAL MAGISTRATE ON THE FIRST CLASS III, KOZHIKODE. ANNEXURE A1: COPY OF THE ENGLISH TRANSLATION OF ANNEXURE A. ANNEXURE B: COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE COMPETENT AUTHORITY DATED 17/06/2011. ANNEXURE C: COPY OF THE PHOTOGRAPH SHOWING THAT THE PETITIONER MARRIED THE 3RD RESPONDENT. ANNEXURE D: COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 4TH DAY OF JULY 2011. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE rs B.P. RAY, J. ........................................... CRL.M.C.NO.2108 OF 2011 ............................................. Dated this the 13th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the accused in C.P.No.22/2011 on the file of the Judicial First Class Magistrate-III, Kozhikode for the offences punishable under Sections 376 IPC and Section 3(1)XI of SC/ST (PA) Act and in Crime No.10/11 of Kakkur Police Station. In the meanwhile, the petitioner has married the 3rd respondent, the victim in the aforesaid case, and marriage certificate has been issued by the registering authority vide Annexure - B. The learned counsel for the 3rd respondent submits that the petitioner and respondent No.3 are leading a happy married life and respondent No.3 does not want to proceed with the case any further. 3. In my considered view continuance of this case will not in any away ensure to the benefit of either of the parties. If respondent No.3 makes a statement before the JFCM-III, Kozhikode on or before 23rd of this month to that effect, the CRL.M.C.NO.2108 OF 2011 : 2 : learned Magistrate shall treat the aforementioned case to be closed. With the above observations, this Crl.M.C is disposed of. Sd/= B.P. RAY, JUDGE. /true copy/ P.S. to Judge. cl