IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Crl.MC.No. 2422 of 2005() ------------------------- CC.649/2004 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA CRIME NO.232/04 OF ERATTUPETTA POLICE STATION .................... PETITIONER/ACCUSED: --------------------------------- 1. RAHIM, S/O. (LATE) KARIM, AGED 32 YEARS, RAFA MANZIL, KAZHAKKOOTTAM, TRIVANDRUM. 2. SHAJI, S/O. (LATE) KARIM, AGED 29 YEARS, RAFA MANZIL, KAZHAKKOOTTAM, TRIVANDRUM. 3. BASHEER, S/O. (LATE) KARIM, AGED 35 YEARS, KIZHAKKUMKARAYIL HOUSE, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. 4. KASIM, S/O. (LATE) KARIM, AGED 45 YEARS, RAFA MANZIL, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. BY ADVS. SMT.K.KUSUMAM SRI.SHAMMI VIJAYAN SRI.PRABHU VIJAYAKUMAR RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MALEEHA @ SEENA, D/O. K.H. FAREED, AGED 19 YEARS, KUNTHEPARAMBIL HOUSE, KADUVAMUZHY P.O., ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2422 of 2005 ---------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS --------------------------------- ANNEXURE A1. CERTIFIED COPY OF THE FINAL REPORT DATED 5.10.04. “ A2. COPY OF THE PLAINT DATED 6.8.2004 “ A3. COPY OF THE EXPARTE ORDER OF THE INJUNCTION DATED 10.8.04. “ A4. COPY OF THE COUNTER DATED 8.9.04 “ A5. COPY OF THE O.P. NO.1456/04 FILED BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM DATED 16.8.04. “ A6. COPY OF THE ORDER IN TRP(C) 203/04 DATED 26.11.04 “ A7. COPY OF THE WOUND CERTIFICATE OF THE 2ND RESPONDENT DATED 30.7.04 “ A8. COPY OF THE LETTER DIRECTING THE 1ST PETITINER AND HIS BROTHER TO THE JAMAATH DATED 28.7.04 “ A9. COPY OF THE RECEIPT ISSUED BY THE C.I. OF ERATTUPETTA DATED 19.7.04. ANNEXURE A10. CERTIFIED COPY OF THE JUDGMENT IN O.P. NO.160/2005 DATED 26.8.2006 OF FAMILY COURT, THIRUVALLA. RESPONDENT'S ANNEXURE: NIL ---------------------------------------- / TRUE COPY / P.A. TO JUDGE VK B.P.RAY, J. ------------------------------------------------------------ Crl.M.C.No. 2422 of 2005 ------------------------------------------------------------ Dated this the 23rd day of August, 2011 O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. Petitioners are accused Nos. 1 to 4 in Crime No. 232/2004 of Erattupetta Police Station for offences punishable under Ss.323, 324 and 452 r/w 34 I.P.C, pending as O.P.No.160/2005 before the Judge, Family Court, Thiruvalla. 3. Petitioners have filed Criminal M.A. No.5522/2011 wherein they have enclosed the judgment passed by the Judge, Family Court, Thiruvalla in O.P.No.160/2005 and on the basis of settlement made between the parties, the original petition stood dismissed. The said judgment dated 26.8.2006 is quoted below for ready reference. “O.P. Is for declaration and injunction. Matter is settled between the parties vide order in I.A.2051/2006. As per the terms in I.A.2051/06 O.P. stands dismissed. I.A.2051/06 will form part of decree”. 2 Crl.M.C.2422/2005 In the compromise petition, in paragraph 10 it has been specifically stated as follows: “It is also agreed by the respondents that they do not want to proceed with Crime No.232/2004 of the Erattupetta Police Station (C.C.No. ) which is sought to be quashed by the petitioner in Crl.M.C.No.2422/05 of the Hon'ble High Court of Kerala at Ernakulam. The parties have decided to quash Crime No. 232/2004 at Erattupetta Police Station. (C.C.No.649/04 of the Judicial First Class Magistrate Court, Erattupetta and hence a separate compromise petition will be filed before the Hon'ble High Court of Kerala at Ernakulam for the same”. 4. In that view of the matter, since the parties have settled the matter and have divorced and leading a happy separate conjugal life, no useful purpose will be served in keeping the case pending and directing the parties to face the trial. Hence C.C. No. 649/2004 pending before the Judicial First Class Magistrate Court, Erattupetta shall be treated as closed. 3 Crl.M.C.2422/2005 The Crl.M.C. is disposed of accordingly. B.P.RAY, JUDGE. rka