IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 Crl.MC.No. 3159 of 2011() ------------------------- CC.906/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR CRIME NO. 279/2010 of KOLLENGODE POLICE STATION .................... PETITIONER: --------------- SELVADASAN,AGED 43 YEARS, S/O.PAZHANIMALA, VII/55B KANNYAD (VIA), VADAVANNUR AMSOM AND DESOM,CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN RESPONDENT: --------------- 1. V.N.SINI,W/O.SELVADASAN, VARIKKAYINIKKAL HOUSE,KANNATHUPADAM, VARANTHARAPPILLY, MUKUNDAPURAM TALUK, THRISSUR 691 585. 2. STATE OF KERALA,REP.BY SUB INSPECTOR OF POLICE,KOLLENGODE, POLICE STATION, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. ADV. SRI.M.PREMKUMAR FOR R1 SRI. JAIBY PAUL, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO.3159/2011 APPENDIX PETITIONER'S EXHIBITS:- ANNEXURE A1 TRUE COPY OF THE GIST OF FIRST INFORMATION REPORT ANNEXURE A2 TRUE COPY OF THE ENGLISH TRANSLATION OF FIR,OF KOLLENGODE POLICE STATION. RESPONDENTS' EXHIBITS : NIL B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.3159 of 2011 - - - - - - - - - - - - - - - - Dated this the 7th day of September, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the sole accused in Crime No. 279 of 2010 of Kollengode Police Station for an offence punishable under Section 498A IPC and now pending as C.C. No.906 of 2010 before the Judicial First Class Magistrate, Chittur, Palakkad. It is stated that the matter has been settled between the parties and the 1st respondent is not interested to prosecute the case further. 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. The first respondent 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 Crl.M.C. No. -:2:-