Court dismissed writ petition seeking execution of a mediation settlement. Held that settlement from criminal proceedings cannot be treated as a civil decree under Article 226 CPC. Petitioners directed to approach civil court for execution.
Petition dismissed; remedy of execution through civil court left open.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 19TH DAY OF FEBRUARY 2021/30TH MAGHA,1942 WP(C).No.3808 OF 2021(A)
PETITIONERS:
1 SHAIJU A., S/O.ABBASKUNJU, AGED 51 YEARS, HEERA KINARA CLASSIC, PATTOM PALACE, KESAVADASAPURAM, THIRUVANANTHAPURAM - 695
BY ADVS. SRI.P.SIVARAJ SRI.I.P.VARGHESE SMT.R.SUDARSANA DEVI SMT.M.M.LAIJU NISSA SMT.M.MEHAR FARSANA
RESPONDENTS:
R2 BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM) GOVERNMENT PLEADER SMT. DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.3808/2021
: 2 :
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 19th day of February, 2021
The petitioners have filed this writ petition seeking
to declare that Ext.P1 Memorandum of Settlement can be executed as a decree through a court of law.
WP(C) No.3808/2021
: 3 :
petitioners approached this Court filing Crl.M.C. No.1380/2019 against the proceedings dated 23.11.2018 in CC No.1348/2018 of the JFCM-I, Punalur. The learned Single Judge, who heard the matter, referred the case for mediation. Accordingly, a settlement was arrived at between the parties, as evidenced by Ext.P1.
WP(C) No.3808/2021
: 4 :
execute the mediated settlement is to exercise jurisdiction of the civil court. With the said observations, Crl.M.A. Nos.1 and 2 of 2020 were dismissed.
to be recorded, and shall pass a decree in accordance
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: 5 :
therewith. In the petitioners' case, the failure of this Court to pass a decree in terms of the mediated settlement cannot be a reason to deny benefit of the settlement to the writ petitioners, contended the counsel for the petitioner.
WP(C) No.3808/2021
: 6 :
arrived at through mediation was as a part of criminal proceedings. Therefore, Ext.P1 settlement will not have the characteristics of a judgment of a civil court. It is only a judgment of a civil court which can result in a decree and it is only a decree of a civil court which can be executed. The only remedy available to the petitioners is to invoke their civil remedies. This Court cannot, in exercise of the powers conferred under Article 226 of the Constitution, execute Ext.P1 settlement.
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: 7 :
settlement. However, the said mediated settlement cannot be made a decree of the court since the settlement was arrived at in the course of criminal proceedings. The arguments of the counsel for the petitioners based on Order XXIII Rule 3 CPC cannot be accepted. Order XXIII Rule 3 deals with compromise of a suit. Any compromise arrived between the parties other than in a suit, cannot be a subject matter of Order XXIII Rule 3.
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: 8 :
to approach the civil court treating the mediated settlement as an agreement between the parties. The jurisdiction of this Court under Article 226 of the Constitution cannot be exercised in the manner desired by the petitioners.
The writ petition therefore fails and it is consequently dismissed leaving open the remedy of the petitioners to get the mediated settlement executed through any other appropriate proceeding.
Sd/- N. NAGARESH, JUDGE
aks/19.02.2021
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: 9 :
APPENDIX
PETITIONERS' EXHIBITS:
| EXHIBIT P1 | TRUE 27/02 PETIT |
COPY OF MEMORANDUM OF AGREEMENT D /2020 ENTERED INTO BETW IONERS AND RESPONDENTS 2 AND 3. |
TD. EEN |
|---|---|---|---|
| EXHIBIT P2 | TRUE | COPY OF ORDER DTD. 03/03/2020 | IN |
| CRL.M COURT |
.C.NO.1380 OF 2019 OF THIS HON' . |
BLE | |
| EXHIBIT P3 | TRUE I.A.N PRINC |
COPY OF THE ORDER DTD. 13/07/2020 O.1 OF 2020 IN O.S.NO.280 OF 2020 IPAL MUNSIFF'S COURT, KOLLAM. |
IN OF |
| EXHIBIT P4 | TRUE E.A.N MUNSI |
COPY OF THE ORDER DTD. 13/07/2020 O.107 OF 2020 IN E.P.NO.69 OF 2020 FF COURT, KOLLAM. |
IN OF |
| EXHIBIT P5 | TRUE CRL.M CRL.M |
COPY OF ORDER DTD. 22/10/2020 .APPLN.NOS.1 AND 2 OF 2020 .C.NO.1380 OF 2019. |
IN IN |
| EXHIBIT P6 | TRUE IN F |
COPY OF THE INJUNCTION ORDER PAS AVOUR OF 1ST PETITIONER IN I.A.NO |
SED .30 |
| OF 20 DISTR (VACA |
20 IN UNNUMBERED O.S.B THE ADDITIO ICT JUDGE'S COURT-IV, KOL TION COURT). |
NAL LAM |
|
| EXHIBIT P7 | TRUE FILED EXT.P |
COPY OF THE PROSECUTION PETIT BY THE 1ST PETITIONER FOR VIOLAT 6 INJUNCTION ORDER. |
ION ING |
| EXHIBIT P8 | TRUE THE AND |
COPIES OF WITHDRAWAL MEMOS FILED LEARNED COUNSEL IN CRL.M.C.1380/2 OP(C)NO. 64 OF 2021. |
BY 019 |
| EXHIBIT P9 | TRUE 64/2 |
COPY OF WITHDRAWAL MEMO IN OP 021. |
(C) |
ncd
2 issues framed by the court
Whether the High Court can execute a settlement memorandum arrived at in criminal mediation proceedings as a decree under Article 226.
Whether Order XXIII Rule 3 CPC applies to settlements reached outside the context of a civil suit.
Colour shows how this judgement treated each authority
Dayawati v. Yogesh Kumar GosainReferred¶39
CRL.REF. No.1/2016 (Dayawati v. Yogesh Kumar Gosain)
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As recorded by the court registry
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