The Court disposed of Criminal Misc. Cases following successful mediation. A settlement agreement was reached, amounts were paid, and the Court ordered the quashing of the FIR and all further proceedings.
The FIR registered under Crime No.1127/2015 of Alappuzha South Police Station and all further proceedings are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 1ST DAY OF MARCH 2016/11TH PHALGUNA, 1937
Crl.MC.No. 6174 of 2015 ()
CRIME NO. 1127/2015 OF ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA DIST.
PETITIONERS:-:
1. P.S. RAJ LAL, AGED 49 YEARS, S/O. SUNDARESAN, RAJBHAVAN, KARPOORACHERY, KADAPPAKADA P.O., KOLLAM.
2. VASANTHA KUMARI, AGED 50 YEARS, S/O.SUDHAKARAN, KANICHERY MANNEL, AALUMPEDIKA P.O., KARUNGAPALI.
BY ADVS.SRI.A.N.RAJAN BABU,
SRI.P.GOPALAKRISHNAN (MVA), SRI.A.R.EASWAR LAL.
RESPONDENTS:-:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SUB INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION.
3. M.Y. HASHIM, S/O.MUHAMMED ISMAIL, NURIL AMMAN VEIYAMARAM WARD, THIRUVAMPADI P.O., ALAPPUZHA.
R1 & R2 BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN. R3 BY ADVS. SRI.S.RAJEEV,
SRI.K.K.DHEERENDRAKRISHNAN.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01-03-2016, ALONG WITH CRL.MC. NO.6324 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 6174 of 2015
APPENDIX
PETITIONER'S ANNEXURES:-
| ANNEXURE A1. | COPY OF THE SALE DEED NO.2197/2011 OF ALAPPUZHA SRO IN FAVOR OF THE PETITIONERS AND SATHYAN LAL KUMAR. |
|---|---|
| ANNEXURE A2. | COPY OF THE SALE AGREEMENT DATED 24.12.2014 BETWEEN PETITIONERS AND THE 3RD RESPONDENT. |
| ANNEXURE A3. | COPY OF THE CERTIFICATE OF THE ENCUMBRANCE OF THE PROPERTY DATED 28.07.2015. |
| ANNEXURE A4. | COPY OF THE ENCUMBRANCE CERTIFICATE NO.7511/2015 DATED 07.07.2015 OBTAINED BY THE 3RD RESPONDENT. |
| ANNEXURE A5. | COPY OF THE POSSESSION CERTIFICATE NO.2692/11 DATED 15.06.2011 IN RESPECT OF THE PROPERTY ISSUED BY VILLAGE OFFICER, PARAVOOR. |
| ANNEXURE A6. | COPY OF THE LAWYER NOTICE DATED 22.06.2015 SEND BY THE PETITIONERS TO THE 3RD RESPONDENT. |
| ANNEXURE A7. | COPY OF THE REPLY NOTICE DATED 29.06.2015. |
| ANNEXURE A8. | COPY OF THE REPLY NOTICE SEND BY THE PETITIONER TO THE 3RD RESPONDENT DATED 10.07.2015. |
| ANNEXURE A9. | COPY OF THE FIR NO.1127/15 REGISTERED BY THE ALAPPUZHA SOUTH POLICE STATION. |
| ANNEXURE A10. | COPY OF THE F.I. STATEMENT OF THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. |
| ANNEXURE A11. | COPY OF THE ORDER OF SESSIONS COURT, ALAPPUZHA DATED 20.08.2015 IN CRL.M.P.NO.2576/2015. |
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
B. KEMAL PASHA, J.
Crl.M.C. Nos.6174 & 6324 of 2015
Dated this the 1st day of March, 2016
~ ~ ~ ~ ~ ~
Both the matters were sent for mediation and the
mediation was successful. The matter has been settled and a memorandum of settlement has been entered into between the parties. Both these matters can be disposed of on the basis of the mediation settlement agreement entered into between the parties in both the cases. The amounts have also been paid based on the mediation settlement agreement. Matters being so, the FIR and all further proceedings in Crime No.1127/2015 of Alapuzha South Police Station are quashed. The mediation settlement agreement shall form part of this order.
Crl.M.Cs. are disposed of accordingly.
Sd/-
(B.KEMAL PASHA, JUDGE)
aks/01/03
// True Copy // PA to Judge
1 issue framed by the court
Whether to quash the criminal proceedings upon the success of mediation and settlement between the parties.
1 provisions across 1 enactments
P.S. Raj Lal
Vasanth Kumari
State of Kerala
Sub Inspector of Police, Alappuzha South Police Station
M.Y. Hashim
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
