Division Bench disposed of matrimonial appeal and criminal writ petition following a mediation settlement dated 26.08.2022 wherein parties agreed to divorce and settlement of claims.
Matrimonial appeal and criminal miscellaneous case disposed based on settlement; marriage dissolved; criminal proceedings 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 ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,
1944
MAT.APPEAL NO.601 OF 2021
ARISING FROM THE DECREE AND JUDGMENT OF THE FAMILY COURT, ERNAKULAM IN O.P.NO.349 OF 2015 TAKEN IN JOINT TRIAL WITH O.P.NO.374 OF 2015 AND O.P.NO.342 OF 2015 DATED 31.01.2020
APPELLANT:
SIMNA KRISHNAN @ SIMNA AGED 28 YEARS D/O.T.A.KRISHNAN, RESIDING AT KRISHNA SMRITHI HOUSE, ERANGATTU, MARDU VILLAGE, NETTOOR P.O., KANAYANNOOR TALUK, ERNAKULAM DISTRICT. (PETITIONER BEFORE COURT BELOW)
BY ADVS. SABU JOHN G.BINDU RAJEEVU L.G. THOMAS JACOB
RESPONDENT:
VIPIN DAS AGED 34 YEARS S/O.SIVADASAN, RESIDING AT MOOLACKAL PRAMBIL HOUSE, KRISHNA KRIPA, MOOLANKUZHI, MUNDENVELLI P.O., RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, PIN - 682 037 (RESPONDENT BEFORE COURT BELOW)
SRI.T.MADHU - RESPONDENT
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 10.11.2022, ALONG WITH Crl.MC.6011/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
Mat.Appeal No.601 of 21 and Crl.M.C No.6011 of 22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,
1944
CRL.MC NO.6011 OF 2022
IN CRIME NO.1787 OF 2014 OF THOPPUMPADY POLICE STATION, ERNAKULAM DISTRICT WHICH IS NOW PENDING AS C.C.NO.593 OF 2016 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -II, KOCHI
PETITIONER/ACCUSED 1 TO 3:
1 VIPIN DAS
AGED 41 YEARS
S/O.SIVADASAN, RESIDING AT MOOLACKAL PARAMBIL HOUSE, KRISHNA KRIPA, MOOLANKUZHI, MUNDANVELI P.O., RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT., PIN - 682307
2 SIVADASAN
AGED 70 YEARS
S/O.NARAYANAN, RESIDING AT MOOLACKAL PARAMBIL HOUSE, KRISHNA KRIPA, MOOLANKUZHI, MUNDANVELI P.O., RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, PIN - 682307
3 LAILA
AGED 65 YEARS
W/O.SIVADASAN, RESIDING AT MOOLACKAL PARAMBIL HOUSE, KRISHNA KRIPA, MOOLANKUZHI, MUNDANVELI P.O., RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, PIN - 682307
BY ADV. T.MADHU
3
Mat.Appeal No.601 of 21 and Crl.M.C No.6011 of 22
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
BY ADVS. PUBLIC PROSECUTOR G.BINDU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.11.2022, ALONG WITH Mat.Appeal.601/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Mat.Appeal No.601 of 21 and Crl.M.C No.6011 of 22
J U D G M E N T / O R D E R
A nil K. Narendran, J.
Mat.Appeal No.601 of 2021:- The appellant filed O.P.No.349 of 2015 before the Family Court, Ernakulam against the respondent herein seeking a decree for recovery of gold ornaments, money and other articles. By the judgment and decree dated 31.01.2020, that original petition was allowed in
part. Challenging the said judgment and decree, the appellant is before this Court in this appeal, invoking the provisions under Section 19(1) of the Act.
1.1. On 03.11.2021, when this appeal came up for
admission, this Court admitted the matter on file and issued notice to the respondent.
5
Mat.Appeal No.601 of 21 and Crl.M.C No.6011 of 22
pursuant to it in Crime No.1787 of 2014 of Thoppumpady Police Station, Ernakulam District which is now pending as C.C.No.593 of 2016 on the file of the Judicial First Class Magistrate Court-II, Kochi, alleging offence under Section 498A and 34 of the Indian Penal Code, as against the petitioners, so as to secure the ends of justice.
2.1 On 30.08.2022, when this matter came up for admission, the learned counsel for the petitioners submitted that the subject matter of this case has been settled in mediation along with Mat.Appeal No.601 of 2021 pending before the Division Bench. Hence, it was directed to post this matter also before the Division Bench, which hears Mat.Appeal.
6
Mat.Appeal No.601 of 21 and Crl.M.C No.6011 of 22
“This appeal is at the instance of wife, challenging the dismissal of the petition for divorce. She filed OP No.374 of 2015 for divorce along with other original petitions for recovery of gold ornaments. Her both claims were turned down by the Family Court.
In such circumstances, this appeal and Crl.M.C are also
disposed of in terms of that settlement. Accordingly Annexure A2 final report in Crime No.1787 of 2014 of Thoppumpady
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Mat.Appeal No.601 of 21 and Crl.M.C No.6011 of 22
Police Station, which is now pending as C.C.No.593 of 2016 on the file of the Judicial First Class Magistrate Court-II, Kochi and all further proceeding arising therefrom shall stand quashed.
Sd/-
ANIL K.NARENDRAN JUDGE
Sd/-
P.G. AJITHKUMAR JUDGE
PV
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Mat.Appeal No.601 of 21 and Crl.M.C No.6011 of 22
APPENDIX OF CRL.MC 6011/2022
PETITIONER ANNEXURES
Annexure-A1 THE CERTIFIED COPY OF THE FIR DATED 29/12/2014 IN CRIME NO.1787/2014 OF THOPPUMPADY POLICE STATION
Annexure-A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 23/3/2015 IN CRIME NO.1787/2014 OF THOPPUMPADY POLICE STATION
Annexure-A3 THE AFFIDAVIT DATED 26/8/2022 SWORN IN BY THE THIRD RESPONDENT
1 issue framed by the court
Whether matrimonial appeal and criminal miscellaneous case ought to be disposed of in light of post-mediation settlement between parties?
Simna Krishnan @ Simna
VIPIN DAS
State of Kerala
T.MADHU
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
