Court directed petitioner and complainant to appear before District Mediation Centre for mediation. Pending criminal proceedings deferred pending mediation outcome. If successful, petitioner may file separate quashment petition.
Mediation directed; criminal proceedings deferred; separate quashment petition to be filed if mediation succeeds.
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 ALEXANDER THOMAS
TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942
Crl.MC.No.1091 OF 2018
AGAINST THE ORDER/JUDGMENT IN CC 638/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ERNAKULAM
CRIME NO.892/2016 OF Ernakulam Central Police Station , Ernakulam
PETITIONER:
ANIL KUMAR AGED 32 YEARS, S/O RAJAGOPAL, RESIDING AT PUTHANPURAKKAL HOUSE, EALOOR VILLAGE,MANJUMMAL, ERNAKULAM DISTRICT, PIN-683 501.
BY ADVS.
SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2 SWETHA DINESH AGED 32 YEARS D/O DINESH, RESIDING AT 6-A, LOTUS APARTMENTS,D.H.ROAD, ERNAKULAM DISTRICT, PIN-682016.
BY ADV.
R2 BY ADV. SRI.T.T.MUHAMOOD R2 BY ADV. SRI.A.RENJIT R2 BY ADV. SRI.V.E.ABDUL GAFOOR R2 BY ADV. SRI.A.MOHAMMED SAVAD R2 BY ADV. SRI.C.Y.VINOD KUMAR R2 BY ADV. SRI.JAYENDRAN KOCHOTH SRI.B.JAYASURYA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1091 OF 2018
2
ALEXANDER THOMAS, J.
Crl. M.C. No.1091 of 2018
Dated this the 22nd day of September, 2020
ORDER
The prayers in the above Criminal Miscellaneous Case filed under Section 482 of the Code of Criminal Procedure are as follows:
“.... to quash the Annexure B Final Report / Charge Sheet in Crime No.892 of 2016 of Ernakulam Central Police Station, Ernakulam District, now pending as CC No.638/2016 on the files of Judicial Magistrate of First Class-II Ernakulam, and all further proceedings pursuant to it, as against the petitioner / accused, in order to secure the ends of justice.”
Crl.MC.No.1091 OF 2018
3
Final Report / Charge Sheet in the above said FIR for offences punishable under Sections 354, 323 and 294(b) of the IPC. The case is now pending as Calendar Case, C.C.No.638 of 2016 on the files of Judicial First Class Magistrate Court –II, Ernakulam. The Counsel for the petitioner has urged that, going by the allegations in the impugned criminal proceedings, offences as per Sections 354 and 294 (b) of the IPC will not be disclosed and that even the offences as per Section 323 of the IPC which has been subsequently added in the Final Report, is based on a weak factual foundation and is liable for quashment etc. Per contra, the learned Public Prosecutor appearing for the 1st respondent State and the learned Advocate appearing for the 2nd respondent would content otherwise. After hearing both sides and after taking note of the nature of the allegations in the impugned criminal proceedings, this Court has suggested to the petitioner and the 2nd respondent (lady de facto complainant) as to whether the matter could be settled out of court as offences of this nature as in the instant case could be considered for quashment on th e ground of settlement. Learned Advocates appearing on both sides would submit that the respective parties would try for settlement of the issues through mediation Centre. Learned Public Prosecutor appearing for the respondent State does not have any serious objection in the said cause of action.
Crl.MC.No.1091 OF 2018
4
i) The petitioner (accused) and the 2nd respondent (lady de facto complainant) will personally appear before the Co-ordinator of the District Mediation Centre, Ernakulam by 10.30 a.m. on 15.10.2020, upon which the parties will be referred to mediation on the same day. Mediator will take endeavor to complete mediation process within four months. If the mediation process is successful then, both sides may sign in the mediation settlement agreement. The mediator will give a report to the Judicial First Class Magistrate Court – II, Ernakulam who is dealing with C.C.No.638 of 2016 as well as the to the Registry of this Court about the final outcome of the mediation process and if the mediation process is successful, then a copy of the mediation settlement agreement should also be forwarded to the court below concerned and to the Registry of this Court an copies of the same should also be given to the petitioner and the 2nd respondent.
ii) If the mediation process is successful, then it will be open to the petitioner to file separate petition for quashment of the impugned criminal proceedings on the ground of settlement and affidavit of the 2nd respondent may also be placed on record for the said purpose. If the mediation process is not successful then the petitioner will be at liberty to challenge the impugned criminal proceedings in the manner known
Crl.MC.No.1091 OF 2018
5
to law.
iii) Further proceedings in C.C.No.638 of 2016 on the file of Judicial First Class Magistrate Court –II, Ernakulam, shall stand deferred by a further period of five months, in order to facilitate the abovesaid mediation process.
4. The Registry will return back certified copies of Annexure A and Annexure B to the petitioner’s counsel if a request in that regard is made. However, the Registry will ensure that photocopies of the said documents are placed in this original case file for the purpose of maintenance of records.
With these observations and directions the above Criminal Miscellaneous Case will stand disposed of.
Sd/ALEXANDER THOMAS JUDGE
SCS
Crl.MC.No.1091 OF 2018
6
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.40 OF 2017 OF VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT.
ANNEXURE B THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO. 40 OF 2017 OF VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT
//TRUE COPY/ PA TO JUDGE
1 issue framed by the court
Whether offences under Sections 354 and 294(b) of the IPC are liable to be quashed on the ground of settlement.
1 provisions across 1 enactments
ANIL KUMAR
STATE OF KERALA
SWETHA DINESH
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
