IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Crl.MC.No. 2351 of 2011() ------------------------- CC.498/2010 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... PETITIONER(S)/ACCUSED --------------------------------------- 1. RIJOSH.P., AGED 27 YEARS, S/O. LATE BALAN, LALU BHAVAN, KUTTIPALAKKAL P.O., MUKKAM, KOZHIKODE. 2. PUSHPA, AGED 5O YEARS, W/O. LATE BALAN, LALU BHAVAN, KUTTIPALAKKAL P.O., MUKKAM, KOZHIKODE. 3. REJULA K.P., AGED 28 YEARS, W/O.BINOY, EDAKKODATH HOUSE, NEAR BAPPUJI ENGLISH MEDIUM SCHOOL, PANTHIRANKAVU, KOZHIKODE. 4. KOMALAM, AGED 43 YERS, W/O.SASI, CHERUKADATH HOUSE, NEAR THRIKKADATH SUBRAMONIA TEMPLE, VALAYANNOOR CHETTIKKADAVU, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S)/COMPLAINANT ----------------------------------------------- 1. SOUMYA, AGED 22 YEARS, D/O.GIREESH, "CHAITHANNYA", KUTTAMPOYIL CHALIL, MALAPPARAMBU P.O., KOZHIKODE-673 009. 2. SUB INSPECTOR OF POLICE, CHEVAYUR POLICE STATION, KOZHIKODE-673 012. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.HANSON.P.MATHEW R2 BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2351 of 2011() ---------------------------------------- APPENDIX --------------- PETITIONER'S ANNEXURES --------------------------------------- ANNEXURE A: COPY OF THE CHARGE SHEET SUBMITTED BY THE 2ND RESPONDENT AGAINST THE PETITIONERS IN CRIME NO.134/2010 OF CHEVAYUR POLICE STATION WHICH IS NOW PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTATE I, KOZHIKODE AS .C.C. N0.498/2010. ANNEXURE A1. COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF ANNEXURE A. ANNEXURE B. COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 1ST PETITIONER AND 1ST RESPONDENT DATED 16.7.2010. ANNEXURE C. COPY OF AFFIDAVIT SHOWN BY THE 1ST RESPONDENT DATED 22ND JULY 2011. RESPONDENT'S EXHIBITS : NIL ---------------------------------------- / TRUE COPY / P.A. TO JUDGE VK B.P.RAY, J. Crl.M.C.NO.2351 of 2011 Dated this the 28th day of July 2011 O R D E R Petitioners are accused in crime No.134/2010 of Chevayur police station now pending as C.C.No.498/2010 on the file of the J.F.C.M-I, Kozhikode for the offence punishable under Sections 498A, 406 read with 34 I.P.C. 2. Heard the learned counsel for the petitioners and the 1st respondent/de facto complainant. Both counsel submit that the matter has been settled out of court and the 1st petitioner and the 1st respondent/de facto complainant are residing together. 3. If that be so, in view of the authoritative pronouncement of the Apex Court in Joshi v. State of Hariyana [2003(2)KLT 1067], no useful purpose will be served in keeping the case pending. The parties shall appear before the learned Magistrate on or before 10/08/2011 and make a statement to the effect that the matter has already been settled between themselves and the learned Magistrate, if satisfied that the matter has been settled between the parties, shall close the case. CRL.M.C.No.2351/2011 2 4. Crl.M.C is disposed of as above. (sd/-) (B.P.RAY, JUDGE) jsr // True Copy// PA to Judge CRL.M.C.No.2351/2011 3 CRL.M.C.No.2351/2011 4 CRL.M.C.No.2351/2011 5