IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH DECEMBER 2006 / 27TH AGRAHAYANA 1928 Crl.MC.No. 2816 of 2006() ------------------------- CC.918/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER: ACCUSED: ------------------------------ K. MURALIDHARAN PILLA, AGED 41 YEARS, CHAKKODATHU KIZHAKKETHIL, PERUMAN PRESENTLY RESIDING AT SARASWATHY NIVAS, PAZHAVEEDU, ALAPPUZHA. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS: COMPLAINANT & STATE: --------------------------------------------------------- 1. G. VELAYUDHAN NAIR, S/O. LATE GOPALA PILLA, SUBADRA NIVAS, PAZHAVEEDU, ALAPPUZHA. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB SRI.C.S.MANU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT.J ------------------------------------------------------------ Crl.M.C. No. 2816 OF 2006 ------------------------------------------------------------- Dated this the 18th day of December 2006 ORDER The short submissions made by the counsel for the petitioner is that the trial in the prosecution under Section 498 A of the I.P.C. against him pending before the Magistrate may not be permitted to commence as there is real and effective possibility of the matter being settled between the parties. It is submitted that a case between the same parties is pending before the Family Court and steps to conciliate into the dispute are being taken there. The learned counsel for the respondents submits that at the moment the respondents do not perceive in an effective possibility of settlement. The matter may not be permitted to drag on indefinitely. A short further time can be granted. But in the meantime settlement if any has to be reached, otherwise the trial in C.C. 918/2005 may be permitted to proceed. 2. Having considered all the relevant circumstances I am satisfied that this Crl.M.C. can be allowed in part and appropriate directions can be issued regarding the commencement of trial in C.C. 918/2005 pending before the J.F.C.M. Alappuzha Crl.M.C. 2816/2006 -2- 3. In the result this Crl.M.C. is allowed in part . The learned Magistrate shall post C.C 918/2005 for trial to a date on or after 15-2- 2007. Parties can pursue the efforts for settlement and take necessary steps to report settlement before that date. R.BASANT, JUDGE es