IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Crl.MC.No. 2389 of 2011() ------------------------------- CC.382/2011 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED ------------------------------- 1. HUSSAINAR C.M,AGED 33 YEARS, S/O.CHENOTH IBRAHIM"CHENOTH MOOVALAPPIL" VADAKKUMPADU, RAMANTHALI P.O.,KANNUR DISTRICT 2. KUNHASSI AGED 60 YEARS, W/O.LATE CHENOTH IBRAHIM,"CHENOTH MOOVALAPPIL" VADAKKUMPADU, RAMANTHALI P.O.,KANNUR DISTRICT 3. SHAHIDA, AGED 35 YEARS, D/O.LATE CHENOTH IBRAHIM. "CHENOTH MOOVALAPPIL" VADAKKUMPADU, RAMANTHALI P.O.,KANNUR DISTRICT 4. HARIS, AGED 31 YEARS, S/O.LATE CHENOTH IBRAHIM, "CHENOTH MOOVALAPPIL" VADAKKUMPADU, RAMANTHALI P.O.,KANNUR DISTRICT 5. MUSTHAFA, AGED 55 YEARS, "CHENOTH MOOVALAPPIL" VADAKKUMPADU, RAMANTHALI P.O.,KANNUR DISTRICT BY ADVS. SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU RESPONDENT(S):COMPLAINANT ------------------------------------- 1. SUMAYYA, AGED 24 YEARS, D/O.ABDUL AZEEZ,SUMAYYA MANZIL,THAZHATHUVAYAL, PERUMBA, PAYYANNUR P.O., KANNUR DIST-PIN-670003 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R2 BY PUBLIC PROSECUTOR SRI. B. VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.2389/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I:COPY OF THE COMPLIANT. ANNEXURE II:COPY OF THE FINAL REPORT. ANNEXURE III:COPY OF THE AGREEMENT. ANNEXURE IV:SWORN AFFIDAVIT BY THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2389 of 2011 - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2011. O R D E R Heard the learned counsel for the petitioners, the learned counsel for the State and the learned counsel for the 1st respondent. 2. The petitioners are the accused in Crime No. 809 of 2010 of Payyannur Police Station for offences punishable under Sections 498(A) and 315 r/w Section 34 IPC and now pending as C.C.No. 382 of 2011 before the Judicial First Class Magistrate, Payyannur. It is stated that the parties have settled the dispute and accordingly the marriage was dissolved by Thalak. If that be so, respondent No.1 shall make a statement before the trial court to that effect. In that event if the learned trial court is satisfied that the matter has been settled out of court, then it shall close the case. 3. The learned counsel for the petitioners submits that the 1st petitioner is in U.S.A and his personal appearance may not be insisted upon on the date fixed for settlement. If the first Crl.M.C. No. 2389/2011 -:2:- petitioner files an application under Section 205 Cr.P.C, his personal appearance shall be dispensed with on such terms and conditions the Magistrate deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv