The withdrawal of a criminal miscellaneous case is warranted when the underpinning appeal has been resolved.

O R D E R

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This Crl.M.C. is filed by the petitioner challenging the order dated 27.09.2021 in C.M.P. No.1523 of 2021 in M.C.No.67 of 2020 on the files of the Judicial First Class Magistrate Court-II, Haripad.

2. The petitioner in the Crl.M.C was the respondent in the C.M.P. The learned Magistrate in Annexure A4 order in the C.M.P, which is impugned in this Crl.M.C., has concluded as follows:

“9. Matter being so, the petitioner herein having preferred an appeal against the order of interim maintenance in C.M.P No.1813 of 2020 before the Hon’ble Additional Sessions Court-I, Mavelikkara and the same is in pending consideration before the Hon’ble Additional Sessions Court-I, Mavelikkara. Hence, the order in C.M.P.No.1813 of 2020 and the further proceedings in C.M.P.No.1200 of 2021 and C.M.P.No.1579 of 2021 for execution of the order can be considered on report of appeal. The order in C.M.P.No.1813 of 2020 is kept on abeyance till report of Appeal.”

2. Aggrieved by the above direction to keep in abeyance the order in C.M.P.No.1813 of 2020 during the pendency of the Criminal Appeal, this Crl.M.C. had been filed. Today, when the matter is taken up for consideration, Advocate Sri.Arjun.R, representing Advocate Sri.M.V.Thamban, the learned counsel for the petitioner submits that the Criminal Appeal referred to in the above paragraph already stands disposed of vide judgment dated 31.01.2024. It is submitted that in the light of the said subsequent development, nothing survives in this Crl.M.C., and that the same may be permitted to be withdrawn.

In view of the above, the Crl.M.C. is dismissed as withdrawn.

Sd/-