IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Crl.MC.No. 4281 of 2011() ------------------------- CC.165/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER(S): --------------- 1. RASAK,AGED 31 YEARS,S/O.ABDUL RAHIMAN, THAYATTIL HOUSE,PERUMBILAVU DESOM, PERUMBILAVU VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. BASHEER,AGED ABOUT 43 YEARS,S/O.ABDUL RAHIMAN,THAYATTIL HOUSE,PERUMBILAVU DESOM, PERUMBILAVU VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 3. SAINABA,W/O.ABDUL RAHIMAN, THAYATTIL HOUSE,PERUMBILAVU DESOM, PERUMBILAVU VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 4. SHAHUL,AGED ABOUT 33 YEARS S/O ABDUL RAHIMAN, THAYATTIL HOUSE,PERUMBILAVU DESOM, PERUMBILAVU VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 5. AISHA,W/O.BASHEER, THAYATTIL HOUSE,PERUMBILAVU DESOM, PERUMBILAVU VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 6. SUBAIDA,AGED ABOUT 39 YEARS, D/O.ABDUL RAHIMAN AND W/O.ASHRAF, THAYATTIL HOUSE,PERUMBILAVU DESOM, PERUMBILAVU VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT 7. JAMEELA,AGED ABOUT 37 YEARS, D/O.ABDUL RAHIMAN AND W/O.SIDHI, THAYATTIL HOUSE,PERUMBILAVU DESOM, PERUMBILAVU VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT BY ADV. SRI.RAJIT ...2 Crl.MC.No. 4281 of 2011() -2- RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. REMI,AGED 20 YEARS,D/O.ABDUL RAHIMAN KARAMIL HOUSE,PERUMBILAVU DESOM, PERUMBILAVU VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT 680 519 R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4281 of 2011() APPENDIX PETITIONERS ANNEXURES ANNEXURE A. TRUE COPY OF THE AGREEMENT EXECUTED BY THE 2ND RESPONDENT. ANNEXURE B. TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS COURT, KUNNAMKULAM. ANNEXURE C. TRUE C0PY OF THE F.I.R REGISTERED BY THE KUNNAMKULAM POLICE IN CRIME NO.1301/2010. RESPONDENTS ANNEXURES NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4281 OF 2011 ------------------------------------------ Dated this the 15th day of December, 2011 O R D E R Petitioners are the accused in C.C. No:165/2011 of Judicial First Class Magistrate Court, Kunnamkulam which arose from Crime No:1301/2010 of Kunnamkulam Police Station. The charge sheet was laid against them alleging offence under section 498(A) r/w 34 IPC. 2. The learned counsel for the petitioners submits that, in fact, the entire matter was settled earlier in support of which the learned counsel relies upon Annexure A, which is the copy of the agreement entered into between the parties. The learned counsel submits that, it seems, the stand now taken by the 2nd respondent is that earlier settlements was only with regard to gold and other items but not with regard to cruelty, which is the subject matter of the complaint under Section 498(A). Since the final report has already been filed the petitioner can raise all these Crl. M.C. No: 4281 OF 2011 -2- contentions before the trial Court. 3. The learned counsel for the petitioner submits that the physical presence of the accused may be allowed to be dispensed with. They can file an application under section 205 Cr.P.C. before the learned Magistrate, in which case the fact that petitioners 3 and 5 to 7 are ladies, will certainly be considered by the learned Magistrate. N.K. BALAKRISHNAN, JUDGE jjj