High Court of Kerala allowed two criminal miscellaneous cases seeking to quash private complaint proceedings after parties demonstrated settlement of the underlying civil dispute via mediation.
Quashed proceedings in C.C. No. 111/2018 and C.C. No. 771/2018; disposed of the criminal miscellaneous cases.
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 GOPINATH P.
THURSDAY, THE 7TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945
CRL.MC NO. 9195 OF 2019
AGAINST CC 111/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II,PERINTHALMANNA
PETITIONER/2ND ACCUSED:
SHEEJA, AGED 36 YEARS W/O ABUSALI,AKBAR MANZIL,PANAMANNARAL,VALAKKODU, PUNALOOR,KOLLAM DISTRICT0-691305.
BY ADVS. T.A.UNNIKRISHNAN SRI.K.K.AKHIL
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.
2 NANDINI BIJU AGED 44 YEARS, W/O BIJU, MAPPOYIL PUNNAPPALA, NILAMBUR TALUK, MALAPPURAM DISTRICT. PIN- 679329
BY ADV K.MOHANAKANNAN
SRI. G SUDHEER (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.09.2023, ALONG WITH Crl.MC.273/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.Nos.9195 & 273 of 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 7TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945
CRL.MC NO. 273 OF 2019
AGAINST THE ORDER/JUDGMENT CC 771/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -III, PUNALUR
PETITIONER/ACCUSED:
NANDINI BIJU AGED 44 YEARS W/O. BIJU, MAPPOYIL HOUSE, PUNNAPPALA, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADVS. K.MOHANAKANNAN A.R.PRAVITHA
RESPONDENT/STATE& RESPONDENT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, ERNAKULAM-682 012. 2 SHEEJA AGED 36 YEARS W/O. ABUSALI, AKBAR MANZIL, PANAMANNARAI, VALAKKODU, PUNALOOR, KOLLAM DISTRICT-691 305. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.K.AKHIL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.09.2023, ALONG WITH Crl.MC.9195/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.9195 & 273 of 2019
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ORDER Dated this the 7th day of September, 2023
The petitioner in Crl.M.C.No.9195 of 2019 is
the 2nd accused in C.C.No.111 of 2018 on the file of the Judicial first Class Magistrate Court-II, Perinthalmanna, which is a case registered on a private complaint alleging the commission of offences under Sections 448 and 506 read with Section 34 of the Indian Penal Code.
accused in C.C.No.771 of 2018 on the file of the Judicial first Class Magistrate Court-III, Punalur, alleging commission of offence under Section 420 of the Indian Penal Code.
Crl.M.C.Nos.9195 & 273 of 2019
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C.C.No.771 of 2018 on the file of the Judicial first Class
Magistrate Court-III, Punalur.
quash the proceedings in C.C.No.111 of 2018 on the file of the Judicial first Class Magistrate Court-II, Perinthalmanna, while Crl.M.C.No.273 of 2019 is filed seeking to quash the proceedings in C.C.No.771 of 2018 on the file of the Judicial first Class Magistrate Court-III, Punalur.
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Crl.M.C.Nos.9195 & 273 of 2019
2. Smt. Nandini Biju who is the Petitioner in Crl.M.C No.273/2019 has agreed to receive back the above goods (Dress) sent by Smt. Sheeja the Petitioner in Crl.MC No.9195/2019.
3. The Petitioner in Crl.MC No.273/2019 who is the Defacto Complainant in CC 111/2018 of Judicial First Class Magistrate Court, Perinthalmanna, registered for offences punishable under Sec.448 & 506 read with r/w Section 34 of the Indian Penal Code against Sheeja Petitioner in Crl.MC No.9195 of 2019 has agreed to withdraw the case.
4.Smt. Sheeja Petitioner in Crl.MC No.9195/2019 who is the Defacto Complainant in C.C 771/2018 of the Judicial First Class Magistrate Court, Punalur against Smt. Nandini for offence punishable under Sec.420 IPC has agreed to withdraw the above case.
5.For enabling this Hon'ble Court to allow both Cri.M.C'S by quashing C.C.111/2018 of JFCM, Perinthalmanna and C.C.No.771/2018 of JFCM, Punalur, both Smt.Nandini and Smt.Sheeja have agreed to file affidavits in the respective Crl.MC's.
Taking into consideration the fact that the
disputes have been settled through mediation and since both the cases referred to are registered on the
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Crl.M.C.Nos.9195 & 273 of 2019
basis of private complaints, I am of the opinion that the proceedings can be quashed. Accordingly, the
proceedings against the petitioner in Crl.M.C.No.9195 of 2019 in C.C.No.111 of 2018 on the file of the Judicial first Class Magistrate Court-II, Perinthalmanna, is quashed. Similarly, the proceedings against the petitioner in Crl.M.C.No.273 of 2019 in C.C.No.771 of 2018 on the file of the Judicial first Class Magistrate Court-III, Punalur, will stand quashed.
Crl.M.Cs are disposed of as above.
Sd/GOPINATH P. JUDGE
SSK/07/09
Crl.M.C.Nos.9195 & 273 of 2019
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APPENDIX OF CRL.MC 9195/2019
PETITIONER ANNEXURES ANNEXURE I TRUE COPY OF THE FINAL REPORT ALONG WITH FIRST INFORMATION STATEMENT IN C.C.NO.111/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,PERINTHALMANNA.
Crl.M.C.Nos.9195 & 273 of 2019
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APPENDIX OF CRL.MC 273/2019
PETITIONER ANNEXURES ANNEXURE A1: TRUE COPY OF THE FIR IN CRIME NO.26/2018 OF PUNALUR POLICE STATION. ANNEXURE A2: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 26/2018 OF PUNALUR POLICE STATION.
1 issue framed by the court
Whether the proceedings in private complaint cases can be quashed upon settlement of disputes through mediation.
SHEEJA
STATE OF KERALA
NANDINI BIJU
GOPINATH P
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
