IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 Crl.MC.No. 2644 of 2011() ------------------------- CC.560/2002 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER/ DE FACTO COMPLAINANT:- SANDHYA,AGED 35 YEARS,D/O.T.SREEDHARAN, THUVASSERI NIVAS,OLAVANNA BAZAR,KOZHIKODE. BY ADV. SRI.M.PROMODH KUMAR SMT.K.K.PREETHA RESPONDENTS/ ACCUSED A1 TO A4:- 1. STATE OF KERALA,REPRESENTED BY STATION HOUSE OFFICER,NALLALAM POLICE STATION,KOZHIKODE, (C.C.560/2002 JFCM V,KOZHIKODE). 2. JYOTHIBABU,AGED 38 YEARS, S/O.K.S.BHASKARAN,CHENALAMVAYAL,KUMARA SWAMI ROAD, CHELANNUR,KAKKODI,KOZHIKODE. 3. K.S.BHASKARAN,AGED 65 YEARS,CHENALAM VAYAL,KUMARASAMI ROA,CHELANUR(VIA),KAKKODI, CHELANUR AMSOM AND DESOM,KOZHIKODE TALUK. 4. K.CHANDRAMATHI,AGED 60 YEARS, W/O.K.S.BHASKARAN,CHENALAM VAYAL,KUMARASAMI ROAD, CHELANUR(VIA)KAKKODI,CHELANUR AMSOM AND DESOM, KOZHIKODE TALUK. 5. JAYA AJAYAKUMAR,AGED 36 YEARS, D/O.K.S.BHASKARAN,(LIVING WITH HUSBAND AT ABUDABI) CHENALAM VAYAL,KUMARASAMI ROAD,CHELANUR(VIA) KAKKODI,CHELANUR AMSOM AND DESOM,KOZHIKODE TALUK. ADV. SRI.MANJERI SUNDERRAJ FOR R5 SRI. B. JAYASURYA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 2644/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1 : TRUE COPY OF THE SETTLEMENT AGREEMENT EXECUTED BY THE PETITIONER AND 2ND RESPONDENT IN THE PRESENCE OF NOTARY PUBLIC WITH ENGLISH TRANSLATION. ANNEXURE 2 : TRUE COPY OF MUTUAL CONSENT DIVORCE ORDER U/S 134B HM ACT PASSED BY FAMILY COURT, KOZHIKODE DISSOLVING MARRIAGE BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. ANNEXURE 3 : TRUE COPY OF THE FIR. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2644 of 2011 - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2011. O R D E R Heard the learned counsel for the petitioner/de facto complainant and the learned Public Prosecutor. 2. The petitioner is the de facto complainant in C.C. No. 560 of 2002 on the file of the Judicial First Class Magistrate-V, Kozhikode for offences punishable under Sections 498A and 406 r/w Section 34 IPC. It is stated that the matter has been settled between the parties and the complainant is not interested to proceed with the case. If that be so, the de facto complainant shall make a statement before the trial court to that effect on or before 26.09.2011. In that event if the learned Magistrate is satisfied that the matter has been settled between the parties, then he shall close the case. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv