IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Crl.MC.No. 2752 of 2011() ------------------------- CC.1887/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED 1-3 -------------------------- 1. RAFI.S/O.ALI, MALETH HOUSE, MALIYAMPEEDIKA, ALANGAD P.O., ERNAKULAM DISTRICT. 2. M.M.ALI, MALETH HOUSE, MALIYAMPEEDIKA, ALANGAD P.O., ERNAKULAM DISTRICT. 3. FATHIMA W/O.ALI, MALETH HOUSE, MALIYAMPEEDIKA, ALANGAD P.O., ERNAKULAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): DEFACTO COMPLAINANT & STATE ------------------------------------------ 1. NAJIYA.C.N., PALUPALLATH HOUSE, ULIYANNOOR P.O., ALUVA, ERNAKULAM DISTRICT, PIN 683101. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER, ALUVA POLICE STATION, ERNAKULAM DISTRICT. R2 BY PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C No.2752/2011 -2- APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : CERTIFIED COPY OF THE CHARGE SHEET IN CC No.1887/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 2752 OF 2011 ------------------------------------------------- DATED THIS THE 22nd DAY OF AUGUST, 2011 O R D E R Heard the learned counsel for the petitioners, the learned counsel for 1st respondent/defacto complainant and the learned Public Prosecutor. 2. The petitioners are accused in Crime No.2225/2009 of Aluva Police station for an offence punishable under Section 498 (A) read with Section 34 I.P.C and now pending as C.C. No. 1887/2010 on the file of the Judicial First Class Magistrate-I, Aluva. It is stated that the matter has been settled between the parties. 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. If that be so, the defacto complainant shall make a statement before the trial court to that effect within one month from today. In that event, if the learned trial court is satisfied that the matter has been settled between the parties, then it shall close the case. This Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge