The Court directed parties in three criminal matters, stemming from matrimonial and family disputes, to undergo mediation at the District Mediation Centre, Thrissur, to achieve a settlement before quashing proceedings.
Referral to District Mediation Centre, Thrissur; Deferral of criminal trial proceedings pending mediation outcome.
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
MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942
Crl.MC.No.2649 OF 2020(A)
AGAINST THE ORDER/JUDGMENT IN CC 130/2019 OF CHIEF JUDICIAL MAGISTRATE PALAKKAD
CRIME NO.329/2019 OF Palakkad Town South Police Station , Palakkad
PETITIONER/S:
1 CHERUBA SUSAN GEORGE D/O.GEORGE T.NINAN, THERADAPUZHA VEEDU, KUNNATHURMEDU, PALAKKAD-678013. NOW RESIDING AT B.702, VEENA SERENITY THAKKAR, BAPPA COLONY ROAD, CHEMBUR, MUMBAI-400071. REP. BY THEIR POWER OF ATTORNEY HOLDER K.VISWANATHAN, S/O.K.KUTTAPPAN, AGED 72, 14/342, BEHIND MOYAN SCHOOL, THAREKKAD, PALAKKAD-01.
2 ASWIN DAYAL GEORGE S/O.GEORGE T.NINAN, THERADAPUZHA VEEDU, KUNNATHURMEDU, PALAKKAD-678013. NOW RESIDING AT FLOSSERSTRASSE, 60/3 74321, BIETIGHEIM-BISSINGEN, STUTTGART, GERMANY. REP. BY THEIR POWER OF ATTORNEY HOLDER K.VISWANATHAN, S/O.K.KUTTAPPAN, AGED 72, 14/342, BEHIND MOYAN SCHOOL, THAREKKAD, PALAKKAD-01.
BY ADVS. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P
RESPONDENT/S:
1 JEWEL JACOB, W/O.ROHAN NINAN GEORGE, AGED 32, THONDUVILLA VEEDU, VALAKAM POST, KOTTARAKKARA, KOLLAM DISTRICT-691532.
2 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA682031.
R1 BY ADV. SRI.K.V.ANIL KUMAR
OTHER PRESENT:
SRI.B.JAYASURYA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH Crl.MC.3586/2020(G), Crl.MC.4785/2020(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942
Crl.MC.No.3586 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CC 130/2019 OF CHIEF JUDICIAL MAGISTRATE PALAKKAD
CRIME NO.329/2019 OF Palakkad Town South Police Station , Palakkad
PETITIONER/S:
1 GEORGE T NINAN AGED 68 YEARS S/O. T.C.NINAN, THERADAPUZHA VEEDU, KUNNATHURMEDU, PALAKKAD-678 013
2 SAROJINI GEORGE, AGED 63 YEARS W/O. GEORGE T.NINAN,THERADAPUZHA VEEDU, KUNNATHURMEDU, PALAKKAD-678 013
BY ADVS. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P SRI.JOPHY POTHEN KANDANKARY
RESPONDENT/S:
1 JEWEL JACOB W/O. ROHAN NINAN GEORGE, THONDUVILLA VEEDU,VALAKAM POST, KOTTARAKKARA, KOLLAM DISTRICT-691 532
2 STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, -682 031
R1 BY ADV. K.V ANILKUMAR PP, SRI.SAIGI JACOB PALATTY
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH Crl.MC.2649/2020(A), Crl.MC.4785/2020(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.Nos.2649,3586 & 4785 OF 2020(G)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942
Crl.MC.No.4785 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CC 444/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PALAKKAD
CRIME NO.261/2019 OF Town North Police Station , Palakkad
PETITIONER/S:
DR. JEWEL JACOB, AGED 32 YEARS W/O ROHAN NINAN GEORGGE, THENGUVILA VEEDU, KULAKKADA MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.
BY ADV. SRI.K.V.ANIL KUMAR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
SRI.B.JAYASURYA, PP
SRI.SAJAN VARGHEESE - R1
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.11.2020, ALONG WITH Crl.MC.2649/2020(A), Crl.MC.3586/2020(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.Nos.2649,3586 & 4785 OF 2020(G)
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ALEXANDER THOMAS, J.
= = = = = = = = = = = = = = = = = Crl.M.C. Nos.2649, 3586 and 4785 of 2020
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----
Dated this the 2nd day of November, 2020
O R D E R
The prayer in Crl.M.C. No.2649/2020 is as follows :
(i) “.....to call for the records relating to Annexures A to E and quash all proceedings in Annexure A and B viz. the proceedings in furtherance to Crime No.329/19 of Town South Police Station, Palakkad including the proceedings in CC No.130/19 of Chief Judicial Magistrate Court, Palakkad as against the petitioners, for the ends of justice.”
2. The prayer in Crl.M.C. No.3586/2020 is as follows :
(i) “.....to call for the records relating to Annexures A to D and quash all proceedings in Annexure B viz. The proceedings in furtherance to Crime No.329/19 of Town South Police Station, Palakkad including the proceedings in CC No.130/19 of Chief Judicial Magistrate Court, Palakkad as against the petitioners, for the ends of justice.”
3. The prayer in Crl.M.C.No.4785/2020 is as follows :
“(i) quash all further proceedings in Annexure-A4 final report in Crime No.261/2019 of Town North Police Station, Palakkad, now pending before the Judicial First Class Magistrate Court-II, Palakkad as CC No.444/2019 and (ii) Issue such other order or direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”
Crl.MC.Nos.2649,3586 & 4785 OF 2020(G)
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appearing for the respondent-State of Kerala in Crl.M.C. Nos. 2649/2020 and 4785/2020 and Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for respondent-State in Crl.M.C.No.3586/2020.
Crl.MC.Nos.2649,3586 & 4785 OF 2020(G)
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father-in-law of the said accused.
Crl.MC.Nos.2649,3586 & 4785 OF 2020(G)
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counsel appearing for the petitioner in Crl.M.C. No.4785/2020 would submit that the suggestion put forward by this Court has been conveyed to the parties and that all the parties are sincerely interested to seek mediatory efforts for resolving the disputes between them. Further, the learned advocates on both sides would also submit that apart from these two calendar cases, CC No.130/2019 on the file of the CJM, Palakkad as well as CC No.444/2019 on the file of the Judicial First Class Magistrate Court-II, Palakkad, there is a third criminal case, which is CC No.445/2019, which is also now pending on the file of the Judicial First Class Magistrate Court, Palakkad in which the husband of the lady defacto complainant is the accused for offences punishable under Secs. 294(b), 506(i) and 427 of the IPC and that if the other two impugned criminal proceedings are referred for mediation, then this case may also be referred for mediation to the same mediator, even though as of now, there is no Crl.M.C. filed before this Court in relation to the said third case.
Crl.MC.Nos.2649,3586 & 4785 OF 2020(G)
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No.2649/2020 are based in Mumbai and Germany respectively and that this Court may direct that the said two petitioners in Crl.M.C. No. 2649/2020 may be permitted to be represented in the mediation process through their father, who is the 1st petitioner in Crl.M.C.No.3586/2020.
1) The two petitioners in Crl.M.C.No.3586/2020 and the sole petitioner in Crl.M.C. No.4785/2020 as well as the accused No.1 in Crime No.329/2020 of Palakkad Town Police Station shall personally appear before the Coordinator of the District Mediation Centre, Thrissur at 10.15 am on 26.11.2020 upon which, the parties shall be referred to a mediator on the same day, who may endeavour to commence and complete the mediation process, without much delay.
2) The two petitioners in Crl.M.C. No. 2649/2o20 will be at liberty to authorize their father, who is the 1st petitioner in Crl.M.C.No.3586/2020 to represent them in the mediation process as the said parties are now not available in Kerala and it may be difficult for them to travel on account of Covid-19 pandemic issues. If such a request is put forward on behalf of the said party, then the mediator will ensure that the said parties are permitted to be represented through their father as aforesaid.
3) The mediation process may be endeavoured to be completed without much delay, preferably within a period of 2 months, at any rate, within an outer time limit of 3 months from the date of appearance of the parties. 4) If the mediation process is successful, then the 1st petitioner in Crl.M.C. No.3586/2020 is authorised to sign for and on behalf of the two petitioners in Crl.M.C. No.2649/2020 provided the said two petitioners in Crl.M.C.No.2649/2020 informs the mediator through their separate emails that they are authorizing their father to sign in the mediation agreement. 5) If the mediation process is successful, then the mediator will ensure
Crl.MC.Nos.2649,3586 & 4785 OF 2020(G)
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that the memorandum of mediation settlement agreement signed by the parties concerned is duly executed and subject to the permission granted to the 1st petitioner in Crl.M.C. No.3586/2020 to sign in such mediation agreement for and on behalf of the two petitioners in Crl.M.C.No.2649/2020 as abovestated.
6) If the mediation process is so successful, then the parties concerned will be at liberty to seek quashment of the impugned criminal proceedings to the extent it is governed by such mediation agreement on the ground of settlement between the parties. If the mediation process is not successful, then the parties concerned will be at liberty to work out their remedies in the manner known to law.
7) The District Mediation Centre, Thrissur will ensure that the copy of the report on the final outcome of the mediation process as well as the memorandum of mediation settlement agreement, if any, arrived at between the parties shall be forwarded to the Chief Judicial Magistrate court, Palakkad, who is dealing with CC No.130/2019 as well as to the Judicial First Class Magistrate Court-II, Palakkad, who is dealing CC Nos.444 and 445 of 2019 as well as to the Registry of this Court for necessary information.
8) The mediation process should cover all aspects in relation to CC No.130/2019 on the file of the CJM, Palakkad, CC Nos. 444 and 445 of 2019 on the file of the Judicial First Class Magistrate Court-II, Palakkad.
Crl.MC.Nos.2649,3586 & 4785 OF 2020(G)
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petitioners, if a request in that regard is made. However, the Registry will ensure that photocopy of the said document is placed in those original cases files for the purpose of maintenance of records. It is made clear that this Court has not entered into the merits of the controversy in any manner and all issues are left open as aforesaid. It is hoped and expected that the parties may rise upto the occasion and may ensure that they will take a reasonable and fair stand so that the disputes between these family members are resolved amicably through such mediatory efforts.
With these observations and directions, the above Cr.M.Cs. will stand finally disposed of.
Sd/ALEXANDER THOMAS JUDGE
SKS
Crl.MC.Nos.2649,3586 & 4785 OF 2020(G)
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APPENDIX OF Crl.MC 2649/2020
ANNEXURE-A TRUE COPY OF THE FIR IN CRIME NO.329/19 OF TOWN SOUTH POLICE STATION PALAKKAD INCLUDING FIS ANNEXURE-B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.329/2019 OF TOWN SOUTH POLICE STATION, PALAKKAD ANNEXURE-C TRUE COPY OF THE PETITION IN OP NO.62/2019 ON THE FILE OF FAMILY COURT, PALAKKAD ANNEXURE-D TRUE COPY OF THE FIR NO. 261/2019 ON THE FILE OF PALAKKD TWON NORTH POLICE STATION ANNEXURE-E TRUE COPY OF THE FINAL REPORT IN FIR NO.257/2019 ON THE FILE OF PALAKKAD TOWN NORTH POLICE STATION ANNEXURE-F TRUE COPY OF OP NO.526/2019 FILED IN THE FAMILY COURT AT KOTTARAKKARA.
Crl.MC.Nos.2649,3586 & 4785 OF 2020(G)
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APPENDIX OF Crl.MC 3586/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE-A TRUE COPY OF THE FIR IN CRIME NO.329/19 OF TOWN SOUTH POLICE STATION PALAKKAD INCLUDING FIS ANNEXURE-B CERTIFIED COPY OF THE FINAL REPORT INC RIME NO.329/19 OF TOWN SOUTH POLICE STATION, PALAKKAD ANNEXURE-C TRUE COPY OF THE FINAL REPORT IN FIR NO.257/2019 ON THE FILE OF PALAKKAD TOWN NORTH POLICE STATION ANNEXURE-D TRUE COPY OF THE ORDER DATED 26.05.2020 PASSED IN CRL M.APPL NO.1/2020 IN CRL.M.C NO.2649/2020 ON THE FILE OF THIS HON'BE COURT
Crl.MC.Nos.2649,3586 & 4785 OF 2020(G)
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APPENDIX OF Crl.MC 4785/2020
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | A TRUE COPY OF CRIME NO 261/2 STATION, PALAK |
THE FIR AND COMPLAINT IN 019 OF TOWN NORTH POLICE KAD. |
|---|---|---|
| ANNEXURE A2 | A TRUE COPY OF BY THE MEDICAL PALAKKAD. |
THE WOUND CERTIFICATE ISSUED OFFICER, DISTRICT HOSPITAL, |
| ANNEXURE A3 | A TRUE COPY OF NO.257/2019 OF PALAKKAD.. |
THE FIR AND FIS IN CRIME TOWN NORTH POLICE STATION |
| ANNEXURE A4 | A TRUE COPY OF NO.261/2019 OF PALAKKAD. |
THE FINAL REPORT IN CRIME TOWN NORTH POLICE STATION, |
| ANNEXURE A5 | A TRUE COPY OF NO.257/2019 OF |
THE FINAL REPORT IN CRIME TOWN NORTH POLICE STATION. |
2 issues framed by the court
Whether criminal proceedings arising from Family Court disputes should be referred for mediation.
Whether subsequent proceedings pending against family members should be covered under the same mediation framework.
Cheruba Susan George
Swini Dayal George
George T Ninan
Sarojini George
Dr. Jewel Jacob
State of Kerala
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
