IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 Crl.MC.No. 1740 of 2008() ------------------------ AGAINST LP 61/07 IN C.C. No.CC.574/2006 of JFCM COURT-1, PERINTHALMANNA .................... PETITIONER(S): ACCUSED NO.1 ----------------------------------------------- CHERIKALLINGAL FIROZKHAN, S/O.HYDROSE, KURUVA AMSOM, PANG. PALLIPADI, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. UMMUSALMA, D/O.MOIDEENKUTTY, DEVATHPARAMBIL, TIRUR TALUK, KOTTAKKAL, MALAPPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C No.1740/2008 APPENDIX PETITIONER'S ANNEXURES ANNEXURE-I – TRUE COPY OF THE F.I.R IN CRIME No.1291/2002 OF KOLATHUR POLICE STATION. ANNEXURE-II – TRUE COPY OF THE SETTLEMENT. ANNEXURE-III – TRUE COPY OF THE CERTIFIED COPY OF THE ORDER IN CC No.208/2003 OF JFCM COURT-I, PERINTHALMANNA. RESPONDENT'S EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 1740 OF 2008 ------------------------------------------------- DATED THIS THE 18th 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 1st accused in Crime No.191/2002 of Kolathur Police Station for offences punishable under Sections 498(A) and 406 I.P.C r/w Section 34 of I.P.C and now pending as L.P. No.61/2007 before the Judicial First Class Magistrate's Court-I, Perinthalmanna. Due to the non appearance of the petitioner, non bailable warrant of arrest has been issued against the petitioner. The learned counsel for the petitioner states that the petitioner apprehends arrest and he is ready and willing to surrender before the trial court. If the petitioner surrenders before the trial court on or before 24-09-2011 and applies for bail, he shall be released on bail on such terms and conditions the learned Magistrate deems fit. It is stated that the matter has been settled between the parties and the 1st respondent/defacto complainant is not interested to proceed with the case further. 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 Crl. M.C No.1740/2008 -2- the benefit of either parties. If that be so, the defacto complainant shall make a statement before the trial court to that effect within six weeks from today. In that event, if the learned trial court is satisfied that the matter has been settled between the parties, then it shall close the case. This Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge