Kerala High Court
Baby vs State Of Kerala on 26 October, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
CRL.MC NO. 7766 OF 2023
PETITIONERS:
1 BABY
AGED 61 YEARS, S/O CHACKO, PALLIKKARAKARAN HOUSE,
AIMURY KARA, KOOVAPPADY VILLAGE, ERNAKULAM,
PIN - 683544
2 SONA
AGED 30 YEARS, S/O BABY, PALLIKKARAKKAARAN HOUSE,
KOOVAPPADY PO, KOOVAPPADY VILLAGE, KUNNATHUNADU
TALUK, ERNAKULAM, PIN - 683544
3 JAQUALIN
AGED 54 YEARS, W/O BABY, PALLIKKARAKKAARAN HOUSE,
KOOVAPPADY PO, KOOVAPPADY VILLAGE, KUNNATHUNADU
TALUK, ERNAKULAM, PIN - 683544
4 AISWARIYA
AGED 31 YEARS, D/O BABY, PALLIKKARAKKAARAN HOUSE,
KOOVAPPADY PO, KOOVAPPADY VILLAGE, KUNNATHUNADU
TALUK, ERNAKULAM, PIN - 683544
BY ADVS.
P.THOMAS GEEVERGHESE
E.S.FIROS
SRADHA MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 REJO GEORGE
AGED 34 YEARS, S/O MJ GEORGE, MENACHERRY HOUSE,
ALANGADU VILLAGE, ERNAKULAM, PIN - 683511
BY ADV SREEKANTH K M
SRI.RENJITH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C No.7766/2023
..2..
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.7766 of 2023
----------------------------------------------
Dated this the 26th day of October, 2023
ORDER
This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for the sake of brevity).
2. This Crl.M.C. case is filed to quash the proceedings in Crime No.83/2023 of Kodanad Police Station, Ernakulam. Stating that the entire dispute between the petitioners and the 2nd respondent are settled. The petitioners also produced Mediation Agreement, in which it is clearly stated that Crime No.83/2023 of Kodanad Police Station is also settled.
3. Now the Counsel appearing for the 2nd respondent submitted that he is withdrawing the consent given in the settlement agreement. The counsel for the Crl.M.C No.7766/2023 ..3..
petitioners relied on the judgment of this Court in Benny v. Mini [2021 (1) KHC 723] and Teena M. Ansari v. Rinoj Eappen [2019 (4) KHC 593] and submitted that such withdrawal is not possible.
4. I think there is some force in the argument of the petitioners. The petitioners are the wife and in laws of the 2nd respondent. The cases against the 2nd respondent is already quashed in the light of the settlement agreement as evident by Anx.B. Now the 2nd respondent is turn around and saying that the case against his former wife and in laws cannot be quashed. I see no justification for such a stand, especially when there is a signed mediation agreement in which the 2nd respondent in clear terms stated that he has no objection in quashing the proceedings.
5. Therefore, in the interest of justice, I am of the considered opinion that the case against the petitioners also should be quashed. All other contentions of the 2nd respondent regarding the custody of the child are left Crl.M.C No.7766/2023 ..4..
open and if there is any such grievance to the 2nd respondent, the 2nd respondent is free to agitate the same separately.
Therefore, this criminal miscellaneous case is allowed. All further proceedings in Crime No.83/2023 of Kodanad Police Station, Ernakulam, which is now pending as C.C. No.1202/2023 before the Judicial First Class Magistrate Court, Perumbavoor-III are quashed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE ded Crl.M.C No.7766/2023 ..5..
APPENDIX OF CRL.MC 7766/2023 PETITIONER ANNEXURES Annexure A THE CITIZENS COPY OF THE FIR NO.83/2023 OF KODANADU POLICE STATION DATED.23.2.2023 Annexure B THE TRUE COPY OF THE COMPROMISE AGREEMENT DATED 20/7/2023 Annexure C THE TRUE COPY OF COMMON JUDGMENT IN TRPC 252/2023 AND 255/2023 DATED.27.7.2023