IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Crl.MC.No. 2869 of 2011(J) -------------------------- CC.141/2008 of JUDICIAL FIRST CLASS MAGISTRATE, KOTHAMANGALAM. CRIME NO. 217/2007 of OONUKAL POLICE STATION .................... PETITIONERS/ACCUSED 1 & 2: ---------------------------------- 1. JOMON JOHN, S/O.JOHN, AGED 40 YEARS, RESIDING AT KOONAMPALAYIL HOUSE, THADIYANADU KARA, THODUPUZHA TALUK, IDUKKI DISTRICT. 2. BASIL THOMAS @ ELDHOSE, S/O.THOMAS, AGED 29 YEARS, RESIDING AT THINNAKKUTHIL HOUSE, MANIKANDANCHAL BHAGOM, POOYAMKUTTYKARA, KUTTAMPUZHA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS/STATE & DE FACTO COMPLAINANT: --------------------------------------------------------- 1. THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, OONUKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. GEORGE, S/O.PAULOSE, AGED 46 YEARS, PUTHETHU HOUSE, PIRAKKUNNAM KARA, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT 686 691. ADV. SMT.SHAMSEERA. C.ASHRAF FOR R2 SRI. B. VINOD, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO.2869/2011 APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A1 : A TRUE CERTIFIED COPY OF THE FIR IN CRIME NO. 217 OF 2007 OF OONUKAL POLICE STATION. ANNEXURE A2 : A TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 217 OF 2007 OF OONUKAL POLICE STATION. ANNEXURE A3 : THE AFFIDAVIT DATED 23.08.2011 SWORN IN BY THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2869 of 2011 - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners are accused Nos. 1 and 2 in Crime No. 217 of 2007 of Oonukal Police Station and now pending as C.C. No. 141 of 2008 before the Judicial First Class Magistrate, Kothamangalam for offences punishable under Sections 457 and 380 r/w Section 34 IPC. It is stated that the matter has been settled between the parties and the de facto complainant has no subsisting grievance against the accused. If that be so, respondent No.2 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. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv