IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 9TH AUGUST 2007 / 18TH SRAVANA 1929 Crl.MC.No. 1179 of 2004 -------------------------------------- CRIME NO.4/2004 of JFCM, IRINJALAKUDA ............. PETITIONERS/ACCUSED 1 & 2: 1. MOHAMMED SAGEER, BISHOP GARDEN LINE NO.1 PATTALAM, FORT KOCHI. 2. KHARIUNNISA, W/O.MUHAMMED SAGEER, DO. DO. BY ADV. SRI.C.S.ABDUL SAMMAD SRI.V.D.BALAKRISHNA KARTHA RESPONDENTS/COMPLAINANT: 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.L.FRANCIS, S/O.LONAPPAN, KANJIRAKKADAN HOUSE, KARUVANNUR P.O. PORATHISSERY VILLAGE, MUKUNDAPURAM TALUK. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.M.C.No. 1179 of 2004 --------------------------- ORDER Heard counsel for the petitioners. It is submitted by the counsel for the petitioners that the petitioners and the second respondent are in Gulf; that the matter is already settled, as evidenced by Annexure A2, but when the matter goes back, the case will lie over in the register of long pending cases and the parties will not be able to settle the matter either and that therefore, the proceedings before this Court may not be disposed of. 2. I am of the view that without prejudice to the petitioners approaching this Court afresh, if at all need arises, this Crl.M.C. can be disposed of inasmuch as the parties have already settled the matter, as evidenced by Annexure A2. This Crl.M.C. is, hence, dismissed without prejudice to the petitioners approaching this Court again, if at all necessity arises. 9th Augsut, 2007 (K.P.Balachandran, Judge) tkv