IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Crl.MC.No. 2787 of 2011() ------------------------- CC.383/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG CRIME NO. 855/2009 of KANHANGAD POLICE STATION .................... PETITIONER/ACCUSED: -------------------------- REJIMON JOHN, AGED 40 YEARS, S/O.JOHN, RESIDING AT ERAMBIL HOUSE, APPATTVALAPPIL, NELLIKKATT, BALLA P.O., BALLA VILLAGE, HOSDURG TALUK, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENTS/DEFACTO-COMPLAINANT & STATE:- ---------------------------------------------------------- 1. JANCY C.ALEX, AGED 35 YEARS, W/O.REJIMON JOHN, RESIDING AT ERAMBIL HOUSE, APPATVALAPPIL, NELLIKKATT, BALLA P.O., BALLA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT- 671 314. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.CISSY MATHEWS FOR R1 SRI. I.V. PRAMOD, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO. 2787/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A : CERTIFIED COPY OF THE COMPLAINT DATED 19.12.2009. ANNEXURE B : CERTIFIED COPY OF FINAL REPORT (CHARGE SHEET) ANNEXURE C : TRUE COPY OF ENGLISH TRANSLATION OF THE ALLEGED CHARGE. ANNEXURE D : COPY OF THE AFFIDAVIT DATED 15.07.2011 EVIDENCING SETTLEMENT. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.2787 of 2011 - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2011. O R D E R Heard the learned counsel for the petitioner, the learned counsel for the 1st respondent/de facto complainant and the learned Public Prosecutor. 2. The petitioner is the accused in Crime No. 855 of 2009 of Kanhangad Police Station for an offence punishable under Section 498A IPC and now pending as C.C. No. 383 of 2010 before the Judicial First Class Magistrate-I, Hosdurg. It is stated that the matter has been settled between the parties. In view of the authoritative pronouncement of the Apex Court in Joshy v. State of Haryana - 2003(2) KLT 1062 and in view of the fact that the matter has been settled between the parties, the complaint is to be quashed. In that view of the matter, since the parties have settled the matter, I direct that C.C. No. 383 of 2010 pending before the Judicial First Class Magistrate-I, Hosdurg be treated to be closed. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv