IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Crl.MC.No. 2213 of 2011() ------------------------- SC.126/2011 of PRINCIPAL ASSISTANT SESSIONS COURT, ERNAKULAM .................... (CRIME NO.1614/07 OF CENTRAL POLICE STATION,ERNAKULAM) ...... PETITIONER(S): ACCUSED: ----------------------------------------- MATHEWS P.JOSEPH, S/O.JOSEPH, PARAKKATTU HOUSE, EDADU KARA, ELAPPILLY VILLAGE, IDUKKI. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): DEFACTO COMPLAINANT AND STATE: ------------------------------------------------------------------------------------- 1. SIVAKALA, D/O.SIVARAMAN, THOTTATHIL HOUSE, VADAKUM BHAGOM, MELUKAVU, KOTTAYAM DISTRICT. 2. STATE OF KERALA THROUGH CIRCLE INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. SRI.P.DALBI EMMANUEL, SRI.A.V.JAMES. R2 BY PUBLIC PROSECUTOR SRI. B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2213/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF THE F.I.R. DTD. 19/10/2007 LODGED IN THE CENTRAL POLICE STATION AS CRIME NO.1614/07. ANNEX.II: COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE DTD. 5/07/2008 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, ERNAKULAM. ANNEX.III: COPY OF THE SUMMONS DTD. 29/04/2011 ISSUED FROM THE PRINCIPAL ASSISTANT SESSIONS COURT,ERNAKULAM. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. ------------------------------------------------- Crl. M.C No.2213 OF 2011 ------------------------------------------------- DATED THIS THE 20th DAY OF JULY, 2011 O R D E R Petitioner is the sole accused in Crime No.1614/2007 of Central Police Station, Ernkulam now pending in the Court of the Principal Assistant Sessions Judge, Ernakulam as SC No.126/2011 before for the offence punishable under Sections 376 and 417 of IPC. Heard learned counsel for the Petitioner and the learned Public Prosecutor. Learned Counsel for the 1st respondent alleged victim states that matter has been settled out of Court. I permit the 1st respondent to give a statement before the the Trial Court to that effect on or before 2nd August. Learned Magistrate shall also record the statement of petitioner/accused of the suit and if the Magistrate is satisfied that the matter has been settled between the parties, the Magistrate shall treat the case closed and discharge the petitioner. Learned counsel for the 1st respondent states that since the 1st respondent's marriage has been fixed she may feel it inconvenient to appear before the open Court. If a request is Crl. M.C No.2213/2011 -2- made by the defacto complainant to record her statement in camera, the same shall be allowed. Crl. M.C is disposed of as above. Sd/ B.P. RAY, JUDGE. AMG True copy P.A to Judge The words “Learned Magistrate”/ “Magistrate” occurring in the fifth, seventh and eighth lines of the second paragraph of the order dated 20/07/2011 in Crl.M.C 2213/2011 are corrected and substituted as “Learned Assistant Sessions Judge” as per order dated 28/07/2011 in Crl. M.A 4777/2011 in Crl. M.C No.2213/2011 Sd/- Registrar (Judicial)