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Judgments of Supreme Court of India and High Courts

Divya Kumar vs State Of Kerala on 26 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY ,THE 26TH DAY OF OCTOBER 2018 / 4TH KARTHIKA, 1940

Crl.MC.No. 537 of 2018

AGAINST THE ORDER/JUDGMENT IN CRMC 647/2017 of PRINCIPAL SESSIONS
COURT, THIRUVANANTHAPURAM

CRIME NO. 389/2017 OF SREEKARYAM POLICE STATION,
THIRUVANANTHAPURAM

PETITIONER/ACCUSED:

1 DIVYA KUMAR, AGED 51 YEARS
S/O UDDANDA RAMAPILLA MELEKUNNU HOUSE, PERIYAMADOM
LANE, KALLAMBILLY, SREEKARYAM PO, ULLOOR VILLAGE,
TRIVANDRUM.

2 ARUNACHALAM AMMAL, AGED 85 YEARS
W/O UDDANDA RAMAPILLA MELEKUNNU HOUSE, PERIYAMADOM
LANE, KALLAMBILLY, SREEKARYAM PO, ULLOOR VILLAGE,
TRIVANDRUM.

3 MADHUSOODANAN PILLAI, AGED 58 YEARS
S/O UDDANDA RAMAPILLA SREEKRISHNA, TCX 2755, MUKKIL
KADA, CHEMPAZHANTHY PO, TRIVANDRUM.

BY ADVS.
SRI.K.J.SAJI ISAAC
DR.ELIZABETH VARKEY
SRI.JITHIN SAJI ISAAC

RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

2 SAJEENA, AGED 47 YEARS, D/O SANTHA,
PULIKKATHARA HOUSE, AYILAKKAD DESOM, PONNANI,
PIN 673243.

BY ADV. SRI.SUNIL JACOB JOSE

OTHER PRESENT:
T.R RENJITH PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 537 of 2018

2

O R D E R

The 1st petitioner married the 2nd respondent on

10.12.1990. Petitioners 2 and 3 are the mother and

brother of the 1st petitioner. After the marriage,

matrimonial disputes arose. She laid a private

complaint before the Judicial First Class

Magistrate Court 1, Thiruvananthapuram alleging

commission of offences punishable under Sections

498A read with 34 of IPC arraying the petitioners

as accused. Pursuant to the direction of the

learned Magistrate under Section 156(3) of Cr.P.C.,

crime was registered as Crime No.389/2017 by

Sreekaryam Police.

2. It emerges that in Crl.M.C. No.647/2017

pending before the Principal Sessions Court,

Thiruvananthapuram, the matter was referred for

mediation and the parties have reported to have

entered into a settlement, as evidenced by the
Crl.MC.No. 537 of 2018

3

mediation agreement produced as Annexure B. One of

the term of the agreement was to quash the criminal

proceedings now pending, pursuant to the order in

Crl.M.C.No.1258/2017. Accordingly, Crl.M.C. is

filed by the accused requesting to quash the

proceedings on the basis of the settlement.

Evidencing the consent for quashing, an affidavit

has been affirmed by the 2nd respondent de facto

complainant as Annexure C. Learned counsel for the

petitioners and the learned counsel for the 2nd

respondent admitted that the parties have resolved

the dispute and that the matrimonial relationship

was legally terminated pursuant to Annexure B

settlement.

3. Having considered the fact that parties

have entered into a settlement pursuant to a

mediation agreement, which is accepted, Crl.M.C. is

liable to be allowed quashing all further

proceedings. Hence, Crl.M.C. is allowed. All
Crl.MC.No. 537 of 2018

4

further proceedings in Crime No.389/2017 of

Sreekaryam Police Station stand quashed. However,

in case of breach of any of the conditions in

Annexure B, the aggrieved person will be entitled

to get it enforced in accordance with law.

Sd/-

SUNIL THOMAS, JUDGE

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FIST INFORMATION
REPORT IN CRIME NO.389/17 OF SREEKARYAM
POLICE STATION.

ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT
SUBMITTED BY THE MEDIATOR IN
CRL.M.C.NO.647 OF 2017 BEFORE THE
SESSIONS COURT, TRIVANDRUM.

ANNEXURE C COPY OF THE AFFIDAVIT OF DEFACTO
COMPLAINANT

Pn 27/10

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