Allowed

Sajeevan K v. State of Kerala

Kerala HC16 Oct 2023Crl.MC/1295/2016

Case brief

AI extract

What is this about?

The High Court of Kerala, in Criminal Miscellaneous Cases 1295 of 2016 and 6004 of 2021, upheld the quashing of two pending criminal proceedings concerning matrimonial disputes under sections 418, 420, 495, and 498A of the IPC, following a successful mediation settlement between the petitioner and the complainant.

What did the court decide?

CC No. 637 of 2019 and CC No. 1569 of 2015 pending before the Judicial First Class Magistrate Court, Tripunithura were quashed against the petitioner.

Sajeevan K Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945

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CRL.MC NO. 1295 OF 2016

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AGAINST CRIME NO.821/2014 OF HILL PALACE POLICE STATION,
TRIPUNITHURA IN CC NO.1569/2015 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, TRIPUNITHURA

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PETITIONER:

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SAJEEVAN K AGED 35 YEARS S/O.C.H.GOPALAN, 'HARIVIHAR',
KARAKKUNNU, KEEZHARA P.O., CHERUKUNNU VIA, KANNUR
DISTRICT, PIN-670301.
BY ADVS. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA

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RESPONDENTS

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1STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

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2THE SUB INSPECTOR OF POLICE HILL PALACE POLICE
STATION, TRIPUNITHURA, ERNAKULAM DISTRICT.

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3RAJITHA AGED 28 YEARS D/O.P.CHANDRAN, RAJITHA
BHAVANAM, AMBANATT ROAD, THEKKUMBHAGOM, TRIPUNITHURA-
682301, ERNAKULAM DISTRICT.
BY ADVS. SADHANA KUMARI ESWARI K.S.ARUNI
RAJ(K/000902/2017)

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SRI. G.SUDHEER (PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH Crl.MC.6004/2021, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:

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Crl.M.C.Nos.1295 of 2016 & 6004 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶19

THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945

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CRL.MC NO. 6004 OF 2021

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AGAINST CMP NO.1541 OF 2018 IN CC 637/2019 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, TRIPUNITHURA

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PETITIONER:

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SAJEEVAN.K., AGED 41 YEARS S/O.C.H.GOPALAN, HARIVIHAR,
KARAKKUNNU, KEEZHARA P.O., CHERUKUNNU VIA, KANNUR
DISTRICT, PIN-670 301.
BY ADVS. KRISHNADAS P. NAIR K.L.SREEKALA HARIDAS
P.NAIR M.A.VINOD M.RAJESH KUMAR

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RESPONDENTS:

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1STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

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2THE SUB INSPECTOR OF POLICE, HILL PALACE POLICE
STATION, TRIPUNITHURA, ERNAKULAM DISTRICT.

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3RAJITHA, AGED 31 YEARS D/O.P.CHANDRAN, RAJITHA
BHAVANAM, AMBANATT ROAD, THEKKUMBHAGOM, TRIPUNITHURA-
682 301, ERNAKULAM DISTRICT.
BY ADVS. SADHANA KUMARI ESWARI SREESHMA B. CHANDRAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH Crl.MC.1295/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.1295 of 2016 & 6004 of 2021

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ORDER

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Petitioner in Crl.M.C.No.6004 of 2021 is the accused in C.C.No.637 of 2019 pending before the Judicial First Class Magistrate Court, Tripunithura alleging commission of offences under Sections 418, 420 and 495 of the Indian Penal Code. The same petitioner is the petitioner in Crl.M.C. No.1295 of 2016 which has been filed seeking to quash all further proceedings in C.C.No.1569 of 2015 on the file of the Judicial First Class Magistrate Court, Tripunithura alleging commission of offences under Section 498A of the Indian Penal Code.

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When this matter is taken up for consideration today, learned counsel appearing for the petitioner would submit that the cases came to be registered on account of matrimonial disputes between the petitioner and his wife [who is the defacto complainant in both cases]. It is submitted

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Crl.M.C.Nos.1295 of 2016 & 6004 of 2021

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that all disputes between the petitioner and the defacto complainant have been settled in mediation conducted before this Court. It is submitted that in terms of the mediation agreement, it is agreed that the proceedings in C.C.No.637 of 2019 and C.C.No.1569 of 2015, both pending before the Judicial First Class Magistrate Court, Tripunithura, can be quashed.

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Heard the learned Public Prosecutor also. Clause 7 of the memorandum of settlement executed between the petitioner and the defacto complainant in both cases under Section 89 of the Code of the Civil Procedure read with Rules 24 and 25 of the Civil Procedure (Mediation) Rules, 2005 reads as follows:

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“7. The respondent further agrees that she has no objection in the Crl.M.C.6004/2021 and Crl.M.C.No.1295/16 being allowed and consequently quashing CC 637/2019 and CC 1569/2015 respectively pending before JFCM Tripunithura. On receipt of the final settlement amount the respondent will hand over the 'no objection affidavit' to the petitioner's counsel.”

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Crl.M.C.Nos.1295 of 2016 & 6004 of 2021

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Considering the fact that all disputes between the petitioner and the defacto complainant have settled in mediation, I am of the opinion that these Crl.M.Cs can be allowed. Accordingly, C.C.No.637 of 2019 and C.C.No.1569 of 2015, both pending before the Judicial First Class Magistrate Court, Tripunithura stands quashed against the petitioner.

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Sd/GOPINATH P. JUDGE

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SSK/10/10

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Crl.M.C.Nos.1295 of 2016 & 6004 of 2021

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APPENDIX OF CRL.MC 6004/2021

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PETITIONER ANNEXURES
Annexure A1THE CERTIFIED COPY OF CMP NO.1541 OF 2018
BEFORE JUDICIAL FIRST CLASS MAGISTRATE
COURT, THRIPUNITHURA.
Annexure A2THE CERTIFIED COPY OF STATEMENTS OF THE 3RD
RESPONDENT/COMPLAINANT RECORDED AS PW1 IN
CMP NO.1541 OF 2018 BEFORE JUDICIAL FIRST
CLASS MAGISTRATE COURT, THRIPUNITHURA.
Annexure A3THE TRUE COPY OF FIR IN CRIME NO.821/2014
OF SUB INSPECTOR OF HILL PALACE POLICE
STATION, THRIPUNITHURA.
Annexure A4THE TRUE COPY OF THE CHARGE SHEET IN CRIME
NO.821/14 OF HILL PALACE POLICE STATION,
TRIPUNITHURA FILED BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
THRIPUNITHURA.
TRUE COPY

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P.A. TO JUDGE

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Crl.M.C.Nos.1295 of 2016 & 6004 of 2021

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APPENDIX OF CRL.MC 1295/2016

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PETITIONER ANNEXURES
Annexure A1TRUE COPY OF FIR IN CRIME NO.821 OF 2014 OF
SUB INSPECTOR OF HILLPALACE POLLICE
STATION, TRIPUNITHURA
Annexure A2THE TRUE COPY OF THE CHARGE SHEET IN CRIME
NO.821/14 OF HILL PALACE POLICE STATION,
TRIPUNITHURA FILED BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
THRIPUNITHURA.

Sajeevan K v. State of Kerala

Case brief

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Sajeevan K v. State of Kerala

Case brief

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