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