Kerala High Court
Jrmeer V.P vs Represented By The Public Prosecutor on 5 October, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY ,THE 05TH DAY OF OCTOBER 2018 / 13TH ASWINA, 1940 Crl.MC.No. 3606 of 2018 CRIME NO. 308/2018 OF Thiruvalla Police Station , Pathanamthitta PETITIONER/ACCUSED: JRMEER V.P. S/O.ABDULA, BADRIYA HOUSE,MALLOOR P.O., SIVAPURAM AMSOM, MALLOOR DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADVS. SRI.T.P.PRADEEP SRI.S.SREEDEV RESPONDENTS/STATE & COMPLAINANT: 1, THE STATE OF KEEALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2 ANSILA V D/O.ASHRAF, ANSILAS, NEERVELI P.O.,KANDAMKUNNU AMSOM, MERUVAMPAYI DESOM, THALASSERY TALUK,KANNUR DISTRICT - 670 701. ADDLR3 ASHRAF M c, 3/0 MAYAN, ANSILAS NEERVELI P o, KANDAMKUNNU AMSOM MERUVAMPAYI DESOM, THALASSERY TALUK, KANNUR DISTRICT-670701 (IMPLEADED AS PER ORDER DATED 7/9/18 IN CRL MA 2/18) BY ADVS. SRI.K.R.AVINASH (KUNNA'I'H) SRI.K.R.AVINASH (KUNNATH) satumtm moor FALLIth SRI.K.R.AVINASH (KUNNATH) OTHER PRESENT: G.P - SREEJA.V THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.10.2018, ALONG WITH Cr1.MC.6142/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.3606/18 COMMON ORDER
These Crl.M.Cs are filed to quash Crime No.308 of 2018 of Thiruvalla Police Station and C.C.No.1731 of 2017 of the Judicial First Class Magistrate Court, Kuthuparamba for offences punishable under sections 498A and 420 of the Indian Penal Code.
2. Pending the proceedings, parties have entered into a mediated settlement. A memorandum of agreement under section 89 of the Cr.P.'C signed by the parties and countersigned by their counsel has been produced.
3. After hearing the learned counsel for the petitioner; learned counsel for the respondents and perusing the settlement, I am satisfied that the parties have voluntarily entered into a settlement. Hence, memorandum of settlement is accepted". The parties are by the terms of settlement and in case of default, aggrieved person will be entitled to get the agreement enforced by due process of law.
In the light of above agreement, -Crl:.M.Cs are allowed. All further proceedings arising from Crime No.308 of 2018 of Thiruvalla Police Station and C.C.No.1731 of 2017 of the Judicial First Class Magistrate Court, Kuthuparamba will stand quashed. The memorandum of settlement will form part of this order and can be relied on by both sides for all intents Cr|.M'C.3606l18 and purposes.
Sbnal-
Sd/ -
SUNI-L THOMAS JUDGE Cr|.M.C.3606/18 APPEND IX PETITIONER' S/S EXHIBITS:
ANNEXURE A:
ANNEXURE B:
ANNEXURE C:
ANNEXURE D:
ANNEXURE E:
CERTIFIED COPY OF THE F. I .R.NO.308/2018 DATED 15 . 02 . 2018 OF THIRUVALLA POLICE STATION, .
TRUE COPY OF THE FIR NO.1727 OF 2016 OF KOOTHUPARAMBA POLICE STATION.
TRUE COPY OF THE SUMMONS ISSUED TO THE PETITIONER FROM JUDICIAL FIRST CLASS MAGISTRATE COURT, KOOTHUPARAMBA.
TRUE COPY OF THE COMMUNICATION OBTAINED UNDER RIGHT TO INFORMATION FROM YHIRUVALLA POLICE STATION.
TRUE COPY OF THE JTEGDENT DATED 15.01.2018 ON THE FILES OF THE FAMILY COURT, TEALASSERY IN O.P.NO.651/2016.
' ERN'AKULAMMEDIATION CENTRE ,(HlGH COURTHALL)
- (2nd floor,'aboveSBl,HighCourl Building, Ernakulam, KOChl-3'1,(Ph10484'2552238) '. -' .' From ' The Nodal Officer, Ernakulam Mediation Centre (H.C.), Ernakulam.
To' The Registrar (Judicial), High court of Kerala, Ernakulam.
Sir, Sub:- Mediation of referred cases ~ Reg. ' . 9X Refz- Referral Order in ' dated... .243/95/145 ..of the Hon'ble High Court of Kerala.
*'kt __ The report of the Mediator in the matter along*wlth the enclosures is furnished herewith for information and necessary action.
. Yours faithfully Nodal Officer _ ' ErnakulaniiMediationCentre-l Encl_:'- Report of the Mediator,"SettlernentAgreement.. '_ V . ,p .1 ' '2. Copy of referral order dated J. .8. of the High Court of Kerala. ,-
3. Copy of Petition.
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Cr|.M.C. No.3606 of 2018 Jameer.V.P : Petitioner Vs. State of Kerala & others L : Respondents REPORT SUBMITTED BY THE MEDIATOR ADV. REGHUNANDANAN B. Mediated, matter is settled.
Terms and conditions are attached herewith.
Dated this the 7th day of August, 2018.
M Adv. Reghunandanan B. Mediator Ernakulam Mediation Centre BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Crl.M.C. No.3606 of 2018 Jameer.V.P : Petitioner Vs. State of Kerala & Another : Respondents MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:
All the parties have agreed to settle the entire disputes between them under the following terms and condition:
1. The above Crl.M.C is filed by the Petitioner/'husband' (Jameer.V.P) against the 2nd respondent/'wife' (Ansila.V) for quashing the complaint filed by the wife. When the matter came up for mediation, it was revealed that the 'father of the wife' (Ashraf.M.C) is also a necessary party to the mediation agreement. Hence it is decided to implead 'father of the wife' as Addl. 3Rd respondent in the above case and to execute this agreement between all of them.
2. It is decided to dissolve the marriage between the petitioner and 2nd respondent by mutual consent (Mubarat) as both parties are well convinced that the marriage is irretrievably broken having no chance for reunion , hence the husband has pronounced irrevocable Talaq which is duly accepted by the wife as valid for all the purpose and both parties are free to marry according to their choices. It is also decided'to request the Family Court, Thalassery to Decree O.P.779/2017 in terms of this agreement.
2 9' lirral» State Media?"
Hg"
3. All the parties agreed that the husband will have visitation right to see the child (Lena Meharin) and custody for half of the period of Onam, Christmas and Summer School Vacations on condition that the husband shall pay a monthly maintenance of Rs.2,000/- by depositing the same in the account of the wife and meeting the child's educational, treatment, clothing and marriage expenses as and when necessary. The husband shall collect the child from Municipal Stadium at Koothuparamba and the wife or her relatives shall produce the child to the venue on the 2nd day of starting the vacation and shall collect back the child on completion of half of the period of vacation at the same venue.
4. The following cases are pending between the husband and wife apart from O.P.779/2017 mentioned in Para.2.
i) M.C.364/2017 -- Family Court, Thalassery
ii) C.C.1731/2017-J.F.C.M., Koothuparamba
iii) Crime No.308/2018, Thiruvalla Police Station
iv) Mat. Appeals No.320/2018 & 585/2018 -- High Court of Kerala The wife has agreed to withdraw the MC. No. 364/2017 and file affidavits in support of quashing C.C. No.1731/2017 and Crime No.308/2018 before the Hon'ble High Court. Both husband and wife agreed to file this compromise agreement in Mat. Appeal . Nos. 320/2018 & 585/2018 and to seek the Hon'ble High court to dispose of the appeal in terms of this agreement.
5. All the parties have agreed that no claim for any money or property is existing between the parties other than mentioned in this agreement and no claim will be made in future for any money or property other than mentioned in this agreement.
'6. The wife is at liberty to take back the gold ornaments pledged before the Syndicate Bank, Market branch, Thiruvalla and all the w ' / complaints regarding the pledging of ornaments shall be withdrawn by the wife and her father.
7. Both the wife and her father shall not file any complaint against Ms.Shyni Beegum, Manager of United Bank of India or against any officers of the Federal Bank, Thiruvalla, United Bank of India, Thiruvalla and Syndicate Bank, Main branch, Thiruvalla with respect to the transactions of the husband. All the cases/complaints filed against the bank officers shall be withdrawn by the wife and her father.
8. The husband shall be solely responsible for income tax or any . other statutory claims with respect to the bank account in the name of husband and father of the wife in United Bank of India, Thiruvalla Branch. The father of the wife shall be solely responsible for any income tax or other statutory claims with respect to the remittance of money by him in State Bank of Travancore, Matttannur branch and Uruvachal Gramin Bank.
Dated this the 7th day of August, 2018.
2nd Resoondent (Wife) (fly.
Ans:la.V Petitioner Hus and 3rd Addl. Resoondent (Father of the 2'"ll Resoondent) Asharaf.M. / Counsel f the Petitioner Counsel Etheénd Respondent and 3rd K/Zwfiw . Viking? b all?
VERIFICATION We, the parties above named, do hereby solemnly state and declare that what is contained in paragraphs 1 to 8 are true to the best of our knowledge, information and belief.
Dated this the 7th day of August, 2018.
Petitioner H band 2nd Res ondent Wife a.
Ansila.V 3rd Addl. Resoondent (Father of the 2nd Resoondent) Asharaf.M.§ .