SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Dhanya vs Hareesh Govind on 8 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941

OP(Crl.).No. 358 of 2018

AGAINST THE ORDER/JUDGMENT IN MC 114/2015 of JUDICIAL MAGISTRATE
OF FIRST CLASS ,NILAMBUR

CRIME NO. 757/2015 OF Nilambur Police Station , Malappuram

PETITIONER/S:

DHANYA, AGED 37 YEARS
D/O.SADANANDAN, “AMRITHAM” HOSPITAL HILLS,NILAMBUR
PO., NILAMBUR TALUK,MALAPPURAM DISTRICT.

BY ADVS.
SRI.P.SAMSUDIN
SRI.JITHIN LUKOSE

RESPONDENT/S:
1 HAREESH GOVIND
AGED 43 YEARS, S/O.JANARDHANAN,THAYYIL HOUSE,
RAMANKUTHU,NILAMBUR (RS) PO,NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN – 679 329.

2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM – 682 031.

OTHER PRESENT:
SRI.SAHJU PURUSHOTHAMAN FOR R1, SRI.AMJAD ALI,
PUBLIC PROSECUTOR

THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08.04.2019,
ALONG WITH Crl.Rev.Pet.1114/2018, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941

Crl.Rev.Pet.No. 1114 of 2018

AGAINST THE ORDER/JUDGMENT IN CMP 1528/2018 of DISTRICT COURT
SESSIONS COURT,MANJERI

AGAINST THE ORDER/JUDGMENT IN CC 12/2016 of JUDICIAL MAGISTRATE
OF FIRST CLASS ,NILAMBUR

REVISION PETITIONER/S:

1 HAREESH GOVIND, AGED 40 YEARS
S/O. JANARDHANAN (LATE), THAYYIL HOUSE, RAMUNKUTH,
NILAMBUR R.S. POST, MALAPPURAM DISTRICT

2 KOMALAVALLI, W/O. JANARDHANAN (LATE), THAYYIL
HOUSE, RAMUNKUTH, NILAMBUR R.S. POST, MALAPPURAM
DISTRICT

3 PRIYA, D/O. JANARDHANAN (LATE), THAYYIL HOUSE,
RAMUNKUTH, NILAMBUR R.S. POST, MALAPPURAM DISTRICT

BY ADVS.
M. SHAJU PURUSHOTHAMAN
SRI.K.S.RAJESH

RESPONDENT/S:
1 DHANYA, D/O SADANANDAN, AMRUTHAM HOUSE, HOSPITAL
HILL, NILAMBUR POST, MALAPPURAM DISTRICT 685584

2 STATE OF KERALA,REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM –
682031

BY ADVS.
SRI.D.FEROZE
S.RAJEEV
SRI.V.VINAY
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R2
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
08.04.2019, ALONG WITH OP(Crl.).358/2018, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

O.P(Crl.) No. 358/2018 Crl.R.P.No. 1114/2018

Dated this the 8th day of April, 2019
JUDGMENT

The prayer in the above O.P(Crl.) filed under Art.227 of the
Constitution of India is as follows:

“….. to issue a direction to the Judicial First Class Magistrate Court
Nilambur to expedite the trial and proceedings in M.C.114/2015 and C.C. 12/
2016 pending before that court and direct the court below to complete the trial
in the above cases within a time frame to be fixed by this court, in the interest of
justice.”

The prayer in the above revision petition filed under Secs. 397 and

401 of the Cr.P.C. is as follows:

“….. Set aside the Order dt.21.8.2018 in Criminal Miscellaneous Petition
No.1528/2018 passed by the Sessions Court-Manjeri transferring C.C.12/2016
and M.C.No. 114/2015 pending before the JFCM Court, Nilambur to the JFCM
Court-1, Perinthalmanna in the interest of justice.”

2. The petitioner in the O.P(Crl.) is the wife and the 1 st

respondent therein is the husband. The petitioners in the above

Crl.R.P. are the husband and his parents and the 1st respondent

therein is the wife.

3. The wife has filed petition as M.C.No. 114/2015 before

the Judicial First Class Magistrate’s Court, Nilambur, seeking various

reliefs under the DV Act. Based on the first information/complaint of

the wife and in pursuance of the final report/charge sheet filed by the

Police, Calendar Case, C.C.No. 12/2016 is also pending on the file of

the same Magistrate, alleging offences under Secs. 498A, 406 and 34

of the I.P.C. On the ground that her sister is a practising lawyer at
O.P(Crl).358/18 Crl.R.P.1114/18

– : 4 :-

Nilambur courts, the wife had sought for transfer of the above

petition under the DV Act and the above Calendar Case and the said

plea of transfer was allowed by the Sessions Court, whereby those

cases have now been ordered to be transferred to the Magistrate court

at Perinthalamanna. Being aggrieved by the said transfer, the

husband has filed the above Crl.R.P. No.1114/2018 challenging the

said order of transfer of those cases. The husband has filed O.P(Crl.)

No.358/2018 seeking a direction from this Court for early disposal of

the abovesaid M.C.No.114/2015 filed under the DV Act.

4. Now it is submitted by both sides that both sides have

entered into a compromise and a settlement agreement as per Ext.P-5

produced in O.P(Crl.).No.358/2018, whereby the husband has agreed

to pay compensation @ Rs. 20,000/- each, to each of the two children

and also to release one half of his share of the immovable property in

favour of the 2 minor children and in turn, the wife has agreed to

withdraw the abovesaid DV application filed as M.C.No.114/2015 and

also that the parties could move separate applications for quashment

of the impugned proceedings in the abovesaid Calendar Case, for

offences punishable under Secs. 489A, 406 and 34 of the I.P.C.

5. Sri.P.Samsudin, learned counsel appearing for the wife

now submits that in view of the abovesaid agreement, this Court may
O.P(Crl).358/18 Crl.R.P.1114/18

– : 5 :-

order that the above M.C.No.114/2015 on the file of the learned

Magistrate will stand dismissed as withdrawn. Sri.M.Shaju

Purushothaman, learned counsel appearing for the husband and his

parents would submit that, in view of above settlement agreement,

the above Crl.R.P. may be closed as not pressed. Now it is submitted

by both sides that pursuant to the impugned order of transfer of the

cases, M.C.No.114/2015 on the file of the Judicial First Class

Magistrate’s Court, Nilambur, has already been transferred to the

Judicial First Class Magistrate’s Court-II, Perinthalmanna, wherein

the case has been re-numbered as M.C.No. 17/2018. In view of the

abovesaid submission it is ordered that the Judicial First Class

Magistrate’s Court-II, Perinthalmanna, will pass necessary orders

dismissing M.C.No.17/2018, as not pressed. The parties are given

liberty to file separate applications under Sec.482 of the Cr.P.C.

seeking quashment of the impugned proceedings on the ground of

settlement.

With these observations and directions, the above O.P(Crl.) and

Crl.M.C. stand disposed of.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
O.P(Crl).358/18 Crl.R.P.1114/18
– : 6 :-

APPENDIX OF OP(Crl.) 358/2018
PETITIONER’S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION IN MC 114/2015.

EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 27/6/2015
IN CMP NO.5109/2015 IN MC 114/2015.

EXHIBIT P3 TRUE COPY OF THE COUNTER FILED BY THE
RESPONDENT IN MC 114/2015.

EXHIBIT P4 TRUE COPY OF THE FIR AND FINAL REPORT IN

CR.NO.757/2015 OF NILAMBUR POLICE STATION.
O.P(Crl).358/18 Crl.R.P.1114/18

– : 7 :-

APPENDIX OF Crl.R.P.114/2018
EXHIBITS:

NIL.

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation