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Faisal vs Khadeejathul Bushra on 26 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 26TH DAY OF SEPTEMBER 2019 / 4TH ASWINA, 1941

Crl.MC.No.6691 OF 2019(F)

AGAINST THE ORDER/JUDGMENT IN MC 59/2016 DATED 17-08-2019 OF CHIEF
JUDICIAL MAGISTRATE ,KASARAGOD

PETITIONERS:

1 FAISAL
AGED 34 YEARS
S/O.P.A.ABBAS, RESIDING AT MANHANKAL HOUSE,
PERUMBALA, KASARGOD.

2 P.ABBAS
AGED 66 YEARS
S/O.ABDUL RAHMIAN, RESIDING AT MANHANKAL HOUSE,
PERUMBALA, KASARGOD.

3 ZAINABA
AGED 57 YEARS
W/O.ABBAS, RESIDING AT MANHANKAL HOUSE, PERUMBALA,
KASARGOD.

4 ABDUL SAWAS
AGED 23 YEARS
S/O.P.ABBAS, RESIDING AT MANHANKAL HOUSE, PERUMBALA,
KASARGOD.

5 THAHIRA
AGED 39 YEARS
W/O.ABDUL RAHIMAN, BELLUR HOUSE, ERIYAL, KUDLU,
KASARGOD DISTRICT.

BY ADVS.
SRI.M.S.IMTHIYAZ AHAMMED
SRI.K.ABDUL NASSAR

RESPONDENT/S:

1 KHADEEJATHUL BUSHRA,
AGED 28 YEARS
D/O.D.A.MOOSAKUNHI, RESIDING AT RIFAHI MANZIL,
MAIMOONA NAGAR, MOGRAL PUTHUR POST, KASARAGOD
DIST.671321

2 STATE OF KERALA,
Crl.MC.No.6691 OF 2019(F) 2

REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682031.

OTHER PRESENT:

SRI.M.S.BREEZ, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.6691 OF 2019(F) 3

ALEXANDER THOMAS, J.
—————————————–
Crl.M.C.No. 6691 of 2019
—————————————–
Dated this the 26th day of September, 2019

ORDER

The prayers in the above Crl.M.C. is as follows :

“…..prayed that this Honourable Court may be pleased to quash
Annexure-G order and allow CMP No. 2174/2019 in MC No. 59/16 to
recall PW1 for cross examination, allow this criminal miscellaneous case,
so as to secure the ends of justice.”

2. It is pointed out by the learned Advocate for the petitioner that

this Court as per Annexure-F order dated 24.10.2018 in

Crl.M.C.No.7058/2018 has already ordered to examine the possibility of

settlement by mediation etc. Taking note of the facts and circumstances of

this case, it is ordered in the interest of justice, the following orders and

directions are passed :

(1) All further proceedings pending before the Chief Judicial Magistrate
Court, Kasaragod in M.C.No.59/2016 and all further proceedings
pursuant to the impugned Annexure-G order dated 17.08.2019 on CMP
No.2174/2019 in MC No.59/2016 will stand deferred.

(2) The learned Chief Judicial Magistrate, Kasaragod will take
immediate steps to refer both the parties to the nearest mediation centre.
The mediator will ensure that a comprehensive mediation process will be
endeavored not only in relation to the matters in the present MC
No.59/2016, but also in relation to the other connected proceedings
Crl.MC.No.6691 OF 2019(F) 4

between the parties including the matter in C.C.No.54/2017 on the file of
the Chief Judicial Magistrate, Kasaragod, which is for the offence
punishable under Sec. 498A of the SectionIPC etc.
(3) The mediator will endeavour to complete the mediation process
within about 2 months and should file a report on the final outcome of
mediation process before the Chief Judicial Magistrate Court and a copy
of the same should also be made available to the Registry of this Court. If
the mediation process in relation to M.C. No.59/2016 is successful, then the
learned Chief Judicial Magistrate may dispose of the matter on the basis
of the terms and conditions of the mediation settlement that may be
arrived at between the parties. If the mediation process is not successful,
then the Chief Judicial Magistrate may await for further orders that may
be passed by this Court in Anx.F, Crl.M.C. No.7058/2018, wherein the
proceedings in the present MC No.59/2016 have been challenged. Registry
will also ensure that copies of this order dated 26.9.2019 in this Crl.M.C.
are placed in the case files of Crl.M.C.Nos. 6219 7058 of 2018 for
perusal. If the mediation process in respect of M.C.No. 59/2016 does not
turned out to be a success, then the petitioners will be at liberty to initiate
separate proceedings to make any challenge as against Annexure-G order
herein, if they have any grievance in that regard. On receipt of the
mediation report from the abovesaid mediation centre as aforestated, then
the Registry will ensure that the copy of the mediation report submitted by
the local mediation centre shall be placed in the case files of Crl.M.C. Nos.
6219/2018 and 7058/2018 now pending before this Court, so that this
Court can thereafter expeditiously dispose of those Crl.M.C.s.

With these observations and directions, the above Crl.M.C. will stand

disposed of.

SD/-

ALEXANDER THOMAS,
JUDGE

SKS
Crl.MC.No.6691 OF 2019(F) 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A COPY OF THE APPLICATION FILED BEFORE THE
CJM, KASARGOD.

ANNEXURE B COPY OF THE COUNTER FILED BY THE 1ST
PETITIONER.

ANNEXURE B1 COPY OF THE COUNTER FILED BY THE
PETITIONERS 2-5.

ANNEXURE C COPY OF THE VISA TO KUWAWIT.

ANNEXURE C1 ENGLISH TRANSLATION OF THE VISA.

ANNEXURE D COPY OF THE LAWYER NOTICE ISSUED ON BEHALF
OF 1ST PETITIONER.

ANNEXURE E COPY OF THE INTERIM ORDER IN
CRL.M.C.NO.6219/19.

ANNEXURE E(1) COPY OF THE INTERIM ORDER IN
CRL.M.C.NO.6219/18.

ANNEXURE F COPY OF THE ORDER IN CRL.M.C.NO.7058/18.

ANNEXURE G COPY OF THE ORDER IN CMP.NO.2174/19 IN
MC.NO.59/16 OF CJM, KASARGOD.

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