IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Crl.MC.No. 2046 of 2011() ------------------------- CC.692/2010 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... PETITIONER(S): ACCUSED ---------------------- 1. NOWFAL, AGED 29 YEARS, S/O.MR.MOIDEEN, PALLIKKAL VEETTIL, EDAPPALLY TOLL, ERNAKULAM DISTRICT. 2. SUBAIDA, AGED 55 YEARS, W/O.MR.MOIDEEN, PALLIKKAL VEETTIL, EDAPPALLY TOLL, ERNAKULAM DISTRICT. 3. SABEENA, AGED 30 YEARS, W/O.MR.NOUSHAD, PALLIKKAL VEETTIL, EDAPPALLY TOLL, ERNAKULAM DISTRICT. BY ADV. SRI.N.N.ARUN BECHU RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT. 683 548. 3. SOUMYA, AGED 22 YEARS, D/O.MR.ABU, VALIYAPARAMBAIL HOUSE, NEDUMTHODU, PERUMBAVOOR, ERNAKULAM DISTRICT. 683 548. R1 & R2 BY PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC.NO.2046/2011 APPENDIX PETITIONER'S ANNEXURES ANNEXURE A:- THE CERTIFIED COPY OF THE FIR NO.174/2010 REGISTERED BY 2ND RESPONDENT. ANNEXURE B:- THE CERTIFIED COPY OF THE FINAL REPORT AND CHARGE FILED BY THE 2ND RESPONDENT BEFORE THE J.F.C.M. PERUMBAVOOR. ANNEXURE C:- COPY OF THE AGREEMENT DTD. 21.5.2011. ANNEXURE D:- AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT. RESPONDENT'S ANNEXURE NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2046 of 2011 - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2011. O R D E R Heard the learned counsel for the petitioners, the learned counsel for the State and the learned counsel for respondent No.3. 2. The petitioners are the accused in C.C No. 692 of 2010 on the file of the Judicial First Class Magistrate, Perumbavoor for an offence punishable under Section 498A r/w Section 34 I.P.C. The learned counsel for respondent No.3 states that the matter has been settled outside the court, that the first petitioner/husband has given 'talaq' to respondent No.3 and that there is no marital relationship between the first petitioner and respondent No.3. Since the matter has been settled out of court, 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 the benefit of either parties. In that view of the matter, I direct that C.C. No. 692 of 2010 pending before the Judicial First Class Magistrate, Perumbavoor be treated as closed. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv