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Judgments of Supreme Court of India and High Courts

Renjith vs State Of Kerala on 5 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941

Crl.MC.No.8642 OF 2019(A)

AGAINST CC 584/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
KODUNGALLUR

CRIME NO.186/2018 OF Mathilakom Police Station , Thrissur

PETITIONERS/ACCUSED 1 2:

1 RENJITH,
AGED 33 YEARS
S/O JANARDHANAN, NEDUPARAMBIL HOUSE, BHAJANAMADAM
DESOM, KOOLIMUTTAM VILLAGE, PERINJANAM, MATHILAKAM,
THRISSUR – 680 691.

2 RENJITHA,
AGED 55 YEARS
W/O JANARDHANAN, NEDUPARAMBIL HOUSE, BHAJANAMADAM
DESOM, KOOLIMUTTAM VILLAGE, PERINJANAM, MATHILAKAM,
THRISSUR – 680 691.

BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA

RESPONDENTS/COMPLAINANT DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN – 682 031.

2 SUVYA,
AGED 24 YEARS
D/O ANILKUMAR, VAZHAKULATH HOUSE, NORTH OF MOLU
BAZAR, THRITHALLUR WEST, VADANAPPALLY VILLAGE,
VADANAPPALLY, THRISSUR – 680 619.

OTHER PRESENT:

SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8642/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.8642 of 2019
———————————————-
Dated this the 5th day of December, 2019

ORDER

The prayer in the above Criminal Miscellaneous Case filed under Section

482 of Cr.P.C. is as follows:-

“…..pleased to quash Annexure A1 FIR and Annexure A2 Final
Report in Crime No.186/2018 of Mathilakam Police Station,
Thrissur and its further proceedings now pending as CC
No.584/2018 on the file of Judicial First Class Magistrate Court,
Kodungallur, so as to secure the ends of justice.”

The petitioners seek quashment of the impugned criminal proceedings, wherein

the offences alleged are those punishable under Sections 498A and Section34 of the IPC,

which has been instituted in pursuance of the petition filed by the 2 nd respondent

de facto complainant before the Police authorities concerned.

2. Heard Sri. C.A. Chacko, learned counsel appearing for the

petitioners and Sri. Santhosh Peter, learned Public Prosecutor appearing for R1

State of Kerala. In the nature of the orders proposed to be passed in this petition,

notice to R2 will stand dispensed with.

3. After hearing both sides, the following directions and orders are

passed:

The Judicial First Class Magistrate Court, Kodungallur, who is dealing with

C.C.No.584/2018 (arising out of Crime No.186/2018 of Mathilakam Police
Crl.M.C.No.8642/2019 3

Station) will issue notices to the petitioners (A1 and A2) as well as to R2

(lady de facto complainant) and thereafter, will refer both the parties to the

nearest Local Mediation Centre/District Mediation Centre concerned for

facilitating to resolve the disputes between the parties. The Mediation Centre

concerned will ensure that the mediation process is conducted and completed

without much delay preferably within a period of two months from the date of

reference of the parties to the Mediation Centre. After conclusion of the

mediation process, the Mediator will file the mediation report. If the mediation

process is successful, then the petitioners may take further modalities, including

the option for quashment of the impugned criminal proceedings on the ground of

settlement. If the mediation process is not successful, the petitioners may work

out their remedies in the manner known to law. Until the completion of the

mediation process as aforestated, further proceedings in C.C.No.584/2018 on the

file of the Judicial First Class Magistrate Court, Kodungallur will stand deferred.

The Mediation Centre concerned will ensure that the mediation process is

expedited without much delay. The Registry will forward a copy of this order to

the Judicial First Class Magistrate Court, Kodungallur, who is dealing with

C.C. No.584/2018 as well as to R2 for necessary information. The learned

Magistrate will ensure that a copy of this order is also transmitted to the nearest

Mediation Centre for necessary information. Further it is ordered that Registry

will return back the certified copies of Annexure-A1 F.I.R and Annexure-A2 Final

Report to the petitioner’s counsel, if a request in that regard on the petitioner’s
Crl.M.C.No.8642/2019 4

counsel. But the Registry will place photocopies of those documents in this

original case file, for the purpose of maintenance of records.

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

disposed of.

sd/-

ALEXANDER THOMAS, JUDGE
acd
Crl.M.C.No.8642/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.186/2018
OF MATHILAKAM POLICE STATION ALONG WITH THE
COMPLAINT LODGED BY 2ND RESPONDENT.

ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.186/2018 OF MATHILAKAM POLICE STATION.

True Copy

P.S. To Judge.

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