Allowed

Sathyan and Others v. Syamala Sathyan & Another

Kerala HC15 Jun 2012Crl.MC/4154/2011

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings and set aside an order reopening an investigation pursuant to a mediated settlement agreement between the accused and the complainant, who expressed an unwillingness to proceed with prosecution.

What did the court decide?

Criminal miscellaneous cases were allowed; criminal case proceedings were quashed; and an order permitting reopening of the crime was set aside.

Sathyan and Others Vs Syamala Sathyan & Another — Quashing and FIR | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.T.SANKARAN

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THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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FRIDAY, THE 15TH DAY OF JUNE 2012/25TH JYAISHTA 1934S

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Crl.MC.No. 4154 of 2011 ( )

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CC.457/2011 of J.M.F.C.,KOYILANDY

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PETITIONER(S)/ACCUSED:

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SATHYAN KALLARAMKETTIL,

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S/O.LATE RARICHAN, "SYAMALA", PAVANGAD

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PUTHIYANGADU.P.O., KOZHIKODE.

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RIJU, S/O.RAVI,

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RAVITHA NIVAS, ELATHOOR AMSOM DESOM, CHETTIKULAM KOZHIKODE.

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VELAYUDHAN, S/O.RARICHAN,

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VADAKKEYIL VEEDU, NADUTHURUTHI

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THALAKULATHOOR AMSOM DESOM, KOZHIKODE.

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BY ADVS.SRI.P.V.KUNHIKRISHNAN

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SRI.HANSON.P.MATHEW

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COMPLAINANT(S)/COMPLAINANT & STATE:

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SYAMALA SATHYAN, W/O.SATHYAN,

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KALLARAMKETTIL, "SYAMALA", PAVANGAD

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PUTHIYANGADI.P.O., KOZHIKODE-673 021.

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STATE OF KERALA,

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REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-31.

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BY ADV. SRI.JESWIN P.VARGHESE BY GOVT.PLEADER SRI.R.PADMARAJ.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15-062012, ALONG WITH CRMC. 4367/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.

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Crl.M.C. Nos.4154 & 4367 of 2011 and 2082, 2083, 2088 and 2089 of 2012

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----------------------------------------------Dated 15^th June, 2012.

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O R D E R

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K.T.Sankaran, J.

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Kallaramkettil Sathyan married syamala. Disputes arose between them. Several civil and criminal litigations also arose between the parties. The wife filed a petition before the Police, alleging offences against the husband and others. Crime No.310/09 of Elathoor Police station was registered on that basis. After investigation, the Police filed a refer report before the Magistrate's court. Thereupon, the wife filed a protest complaint, alleging offences under Sections 420, 406, 419, 423, 465, 471 and 120B read with section 34 of the Indian Penal Code. There are 11 accused persons in the case. To quash the proceedings before the Magistrate's Court, the following Criminal Miscellaneous Cases were filed by the accused : Crl.M.C.4154/11 - filed by accused Nos.1 to 3. Crl.M.C.2083/12 - filed by accused Nos.4 to 7. Crl.M.C.2089/12 - filed by accused Nos.8 to 10. Crl.M.C.2088/12 - filed by accused No.11

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Crl.M.C.4154/11 & connected cases 2

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In Crime No.310/09, the investigating agency filed an application before the Magistrate's Court to reopen the crime. Crl.M.C.4367/11 is filed by accused Nos.1 to 3, challenging the order permitting reopening of the crime.

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The wife filed a complaint against the husband before the Court of the Judicial Magistrate of the First Class, Koyilandy, alleging offence under Section 409 of the Indian Penal Code. The complaint was forwarded to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. It was registered as Crime No.122 of 2004 of Elathoor Police Station. After investigation, the Police filed a charge sheet in Crime No.122/04. The Judicial Magistrate of the First Class, Koyilandy had taken the case on file as C.C.No.871/04. Crl.M.C.2082/12 is filed by the husband to quash the proceedings in C.C.No.871/04.

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The parties were referred for mediation in the Writ Petitions filed by them, which arose out of the civil litigations. The parties arrived at a mediated settlement agreement dated 10.4.2012. The terms of the settlement are

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Crl.M.C.4154/11 & connected cases

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the following :

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Shri.Sathyan Kallarumkettil is the petitioner in O.P.(Civil) 478 of 2011 and Smt.Shyamala is the respondent. They are husband and wife. The marriage between them was solemnized on 16.05.1978. Parties are Hindus. Due to difference of opinion in the marital life, the husband and wife have been residing separately for the past more than eight years. There are several litigations pending with regard to the marriage. No issues are born to them out of this wedlock.

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The following three cases happened to be filed between them (i) O.S.No.212/2009 before the Sub Court, Kozhikode filed by husband (which was made over to Family Court, Kozhikode) (ii) O.P.No.469/2007 before the Family Court, Kozhikode filed by wife and (iii) O.P.No.196/2004 before the Family Court, Kozhikode filed by wife. The above two writ petitions and O.P.(Civil) No. 428 of 2011 arise from those three cases.

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Apart from the above, the following cases are pending between parties before the Hon'ble High Court of Kerala as well as before the trial court :

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(i) Criminal M.C.No.4154/2011 before the Hon'ble High Court of Kerala, which was filed to quash the proceedings in CC 457/2011 on the file of JFCM Quilandy.

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(ii) Criminal MC No.4367/2011 before the Hon'ble High Court of Kerala filed against re-investigation ordered in Crime No.310/2009 of Elethur Police Station.

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(iii) C.C.No.871/2004 before JFCM, Quilandy filed by wife against husband.

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Crl.M.C.4154/11 & connected cases

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After mutual discussions, with a view to live in peace and harmony, the husband and wife have agreed to settle all their disputes on the following terms and conditions :

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(i) The husband and wife have decided to dissolve their marriage by filing a joint petition under Section 13B of the Hindu Marriage Act and have decided to obtain a decree of divorce by mutual consent. The joint petition shall be filed within two months from date hereof.

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(ii) Husband Sri.Sathyan has agreed to transfer his undivided share in the land property and the residential building therein comprised in Document No.80/1986 of SRO West Hill, Kozhikode and Document No.203/1986 of SRO West Hill, Kozhikode, excluding the portion provided for the common path way to both parties, to wife Smt.Shyamala Sathyan. She in exchange of the same shall transfer to husband, her absolute right in the property covered under Document No.344/1999 of SRO West Hill, Kozhikode excluding the demarcated path way having a width of two feet.

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(iii) Wife Smt.Shyamala has agreed to pay Rs.24.00 lakhs (Rupees twenty four lakhs only) to husband Sathyan within two months from date hereof towards settlement compensation.

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(iv) The wife agreed to relinquish all her rights of maintenance (if any) past as well as future as a wife and as a divorced wife.

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(v) Husband shall hand over all the title deeds and prior title deeds of all landed properties in the name of wife Smt.Shyamala within two months from date hereof.

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(vi) The husband and wife have agreed to close CC No.871/2004. Husband will file a petition u/s 482 of Cr.P.C. before this Hon'ble Court praying to quash further proceedings in the above C.C. and wife will give consent for the same.

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Both parties agreed to close all legal proceedings initiated and pending in connection with their matrimonial dispute.

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Crl.M.C.4154/11 & connected cases

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The parties to this settlement shall have no further claims against each other on the subject matter of this settlement, except to the extent stated above.

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The parties have no objection in passing a Judgment/Decree/order in O.P.(Civil) No.478 of 2011, W.P.(C) No.19451 of 2008 and W.P.(C) No.6308 of 2008 pending before the Hon'ble High Court of Kerala incorporating the terms and conditions of this settlement.

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In the mediated settlement agreement, reference

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is made to the two criminal cases pending between the parties and others. After the settlement agreement, some other criminal miscellaneous cases were also filed by the other accused to quash the proceedings in C.C.No.457/11. In the Criminal Miscellaneous Cases referred to above, the defacto complainant has filed affidavit, stating that the disputes have been settled between the parties and that she does not want to prosecute the cases before the criminal court.

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In view of the mediated settlement agreement arrived at between the parties and also in terms of the affidavit filed by the defacto complainant, (viz., the wife) in the Criminal Miscellaneous Case referred to above, we are of the view that it would be just and proper to dispose of the Criminal

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Crl.M.C.4154/11 & connected cases

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Miscellaneous Cases in the manner indicated below :

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(a) Crl.M.C.No.4154 of 2011 and Crl.M.C.Nos.2083, 2088 and 2089 of 2012 are allowed and the proceedings in C.C.No.457 of 2011 on the file of the Court of the Judicial Magistrate of the First Class, Koyilandy are quashed;

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(b) Crl.M.C.No.4367 of 2011 is allowed and the order passed by the Judicial Magistrate of the First Class, Koyilandy, allowing the prayer made by the investigating officer to reopen Crime No.310 of 2009 of Elathoor Police Station, is set aside; and

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(c) Crl.M.C.No.2082 of 2012 is allowed and the proceedings in C.C.No.871 of 2004 on the file of the Court of the Judicial Magistrate of the First Class, Koyilandy, are quashed.

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Sd/-

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K.T.SANKARAN, JUDGE.

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Sd/-

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M.L.JOSEPH FRANCIS, JUDGE.

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tgs

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(true copy)

Sathyan and Others v. Syamala Sathyan & Another

Case brief

What is this about?

What did the court decide?

Sathyan and Others v. Syamala Sathyan & Another

Case brief

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What did the court decide?

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