Kerala High Court
Asha I.V vs State Of Kerala on 28 February, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
OBA Nos. B93 G TIO of 2028
IN THE HIGH COURT OF KERALA AT BRNAKULAM
PRESENT
THE HONOURABLE MR, JUSTICE P.V .KUNHIKRISHNAN
FRIDAY, THE 2878 DAY OF FEBRUARY 8625 / STH PHALGUNA, 1946
BALL APPL. NO. 643 OF 2025
CRIME NO.1?746/2024 OF PARAVOUR POLICE STATION, NOLLAM
PETITIONER(S)/ACCUSED:
ABHISHEK, &
AGED 32 YEARS
S/O SURESH, RESIDING AT MANAVEL VEEOU,
MULLUVILA VADAKRKEVILA P.O, KOLLAM DISTRICT PIN
691 810, NOW RESIDING AT RALABNAM VEEOU,
AMRUTHAKULANGARA, POOTHAKKULAM P.O, KOLLAM
DISTRICT, PIN - 693 392
SY ABV P.LMARTIN JOSE
4 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682032
2 ADDL. RZ. ANAGHA & R
POOTHARULAM PO, PARAVUR, KOLLAM, NOW RESTOING
AT VIPARCHTKA, GURUMANDIRAN, VELUNANOOR PO,
PARIPALLY { IS IMPLEADED AS ADDL.RE AS PER
ORDER DATED 28.02.2025 IN CRL.MA NO.1/25}
BY_ADVS.
SRI.MRITHWIK €.S-SR. PP
SRE. RAHUL
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28.02.2025, ALONG WITH Bail Appl..710/2025, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
RA Neos. O63 & Fido O85
20255 KER: 17364
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE PV. KUNHIKRISHNAN
FRIDAY, THE 28" pay OF FEBRUARY 2625 / STH PHALGUNA, 1946.
BAIL APPL. NO, 718 OF 2025
CRIME NO.U748/2024 OF PARAVOOR POLICE STATION, KOLLAN
ASHA T.V
AGED 36 YEARS, 0/0 INDIRA, RESIDING AT
KALLUVILA VEEDU, ALUMMQODU, PUNAKKANNUR,
KOLLAM DISTRICT, PIN - 694 577
BY ADV A. JANI{KOLLAN)
RESPONDENT(S)/STATE-DEFACTO COMPLAINANT:
i STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
WIGH COURT OF KERALA, PIN - 682 G34
2 ANAKHA |
AGED 28 YEARS, 0/0 BEENA, RESIDING AT
KALABHAM VEEDU, ANMARATHUMUKKU,
POOTHAKKULAM, KOLLAM CITY, KERALA,
PIN ~ 691 874
BY ADVS.
SRI. ROUSHAD K.A., SR. PP
Rahul P
ABHINA 1. (K/003542/2022)}
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28.02,2025, ALONG WITH Ball Appl..643/2025, THE COURT
ON THE SANE DAY DELIVERED THE FOLLOWING:
AA Neg O89 GFL af 2028.
S025 1KERTLISOL
P.V.KUNHIKRISHNAN, J.
Sa a ro ea a 2 a Ba Sr as BS BR. BE a BA Nos.643 and 710 of 2025 Dated this the 28" day of February, 2025 These Ball Applications are filled under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. These two ball applications are connected and therefore, | am disposing of these two cases by & common order,
2. THe petitioners are accused In Crime No.1746/2024 of Paravoor Police Station, Kollam. The above case is registered against the petitioners alleging offences punishable under Sections 85, 126(2), 115(2), 351(2) and 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023.
BA Noy.643 & 710 af 2028 RS . ee 2OSE KER! LISOL
3. When this ball application came up for consideration, this Court referred the matter for mediation. Now it is submitted by both sides that the matter is settled. if that be the case, the petitioners can be released on ball after imposing stringent conditions. The memorandum of settlement will be part of this order, Therefore, these Bail Applications are allowed with the following conditions:
1, The petitioners shall appear before the investigating Officer within two weeks from today and shall undergo interrogation.
é. After interrogation, if the Investigating Officer propose to arrest the petitioners, they shall be released on ban on executing a bond for a sum of Rs.50,000/-
{Rupees Fifty Thousand only) with two OA Nos.643 & TAG af 2025 2025 KER: 2 7301 solvent sureties each for the like sum to the satisfaction of the arresting officer concerned.
3. The petitioners shall appear before the investigating Officer for interrogation as and when required. The petitioners shall co-operate with the investigation and shall net, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade Aim from disclesing such facts to the Court or to any police officer.
4. Petitioners shall not leave india without permission of the jurisdictional Court 5 Petitioners shall not commit an SA Nos.O93 & FPO oF £025 offence similar to the offence of which they are accused, or suspected, of the cammission of which they are suspected.
6. Needless to mention, if would be well within the powers of the investigating officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on ball as fafd down by the Nan'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) ane another [2020 (1) KHC 663].
2. if any af the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though this bai is granted by this Caurt. The prosecution SA Nos 644 & 710 pf 2028 ni and the victim are at berty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated, 8 Memorandum of settlement will be part of this order.
Sd/-
P.V.KUNHIKRISHNAN iUDGE BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Abhishek 5 > Petitioner State of Kerala. & Anr » Respondents CODE OF CIVIL URE {ALTERNATIVE SSOHLOTE DISPUTE RE TON ROLE muvee This Compromise Agreement is executed on this the 25" Day of February 2025 by and between:
1, Abhishek S, aged 32 years, S/o Suresh, cesiding at Manavel Veedu, Mulluvila, Vadekkevila PO, Kollam, and presently residing at Kalabham Veedu, Ammarathumukku, 'Poothakulam, RNollam-891502, hereinafter referred to as the.
"First Party";
fo Asha IV, aged 36 years, D/o Indira, residing at Asha Mandiram, Vayyakkal PO, Valakom, Kollam, from Ralluvila Veedu, Ahuumeoade, Punak cane Kollam District, Pin-691577, hereinafter referred to as the 'Second Party";
3. Anagha B R, aged 27 year, Dvo Raju D, residing at Kalabham, Aminar rathumukku, Poothakulam PO, Paravur, Kollam-691302, and presently residing at Vipanchika, Gurumandiram, Velumancor PO, Paripally-891574, hereinafter referred to as the "Third Party".
Petitioner fA 2" Respondent Anagha BR Abhishek § 2" Respondent Anagha 8 2 R Petitioner WHEREAS:
i. 'The First Party and the Thin] Panty are husband and wife, whe were married on WA22017, They have one daughter, A Wamtika., born in the said wedlock, who is now 6 years old and currently studying in the UKG class at Vimala Central School, Karameode, Chathannur.
2. The marital relationship between the First and Third Party has now irretrievably broken down due to several reasons.3
In connection with the matrimonial dispute, the Third Party has Med OP. (Others) No. 5952024 before the Family Coun, Paravoor, Kollam, secking F024 realization of money, gold, and a vehicle, and O.F (Others) No. seeking an injunction against the First Party to restrain the allenation of bis one- Re-Sy.No.432/6 (Old Sy.No.6086) of Bhoothakkulam Village along with the residential building situated therein, covered under Sale Deed Ne. 722/2020 of Paravoor SRO, in which the other one-half share is already vested with the Third Party.
Petitioner Abhishek Ss ¢ 2" Respondent _ Anagha BR Ba Petitioner Asha iV "Respondent , ( AnaghaBR A, 4, Additionally, the Third Party has lodged a criminal complaint before the Station House Officer Paravoor, Kallam against the First Party, the Second Party, and the First Party's mother Alice, and brother, Abhifith. Based on the said complaint, Crime No, 1746/2024 of Paravoor Police Station has been registered Against the accused, arraying the First-Farty, Second Party Alice, and Abhgith as
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Accused Nos. 1 to 4, respectively, The case has been registered under Sections 49, 61 (2), 85, 316 (2), 126 (2), 1S (2), 351(2), and 3 (S) of the Bharatiya Nyaya Sanhitha, 2023, along with Sections 3 and 4 of the Dowry Prohibition Act, 1861, The said crime is presently under investigation.
§. Thereupon, the First Party and the Second Party have fled applications for pre- arrest bail before this Hon'ble Court, registered as Bail Application Nos. 8643/2025 and 710/2025 of this Hon'ble Count.
&. The Second Party has also fled Cr. MC No. 335% 2025 before this Hon'ble Court, seeking to quash the FIR No. 1746/ 2025 registered as against ber and the said Cri. M.C is pending before this Hon'ble Court.
7. Durlug the proceedings of the above-numbered bail applications, the parties informed the Court about the possibility of a settlement mganiing the disputes in the aforementioned matters. Consequently, the cases (BA No. 643/2025 and BA No, 712025) were referred by this Hon'ble Court for mediation.
Bail App Petitioner Hee MN 2" Respondent Anagha BR 2" Respondent Anagha BR wih.
8. During mediation, the parties have amicably resolved all their disputes, including the pending family court cases between the First and Third Party, as well as the criminal case registered by the Paravoor Police against the First Party, Second Party, and other accused, along with all related and consequential disputes. His expressly agreed that none of the parties shall initiate any new legal proceetiings before any court or authority in nelation t these matters, except for their night to approach the appropriate court for the execution and enforcement of the terms and conditions of this agreement. Accordingly, the parties have mached a mutual, full, and final settlement under the following terms and conditions:
ERMS AND CONDITIONS
1. The First Party and the Third Party shall file a Joint petition for divorce under Section 138 of the Hindu Marriage Act before the Family Court, Paravoor, Kollam, or any other jurisdictional court within two weeks from the date of execution of this agreement, so as to dissolve their marriage by way of mutual consent.
Petitioner Abhishek S&S 2" Respondent \ Anagha BR pe "
i So é a N ' s 3 ae ot t N ra Petitioner a 2" Respondent Asha LV \ Anagha B.R The First Party agrees to pay a total sum of Rs. 10 lakhs to the Third Party, comprising Rs. 5 lakhs towards her past and future maintenance and living expenses, which shall be paid via bank wansfer to the Third Party's account No 37181412378 of State Bank of India, Velamannur Branch (SBIN OO70591) on the date of filing the joint petitian for divorce, and Rs. 2 lakhs by way ofa fixed deposit in the name of the minor child A Wamika at the time of fing the johy divorce petition. The remaining Rs. 3 lakhs shall be deposited by the First Party within two years of executing this agreement in two installments in a nationalized or scheduled bank in the name of the child, to be utilized for her education and welfare and well-heing, The Third Party shall have the right to withdraw and nize the interest earned on the said deposits in the child's name for the child's expenses. If the first party fails to pay the aforesaid amount, the third party may recover the same through legal proceedings. The first party, along with his assets, including his salary, shall be liable for the payment of the aforesaid amounts to the third party and the child, as mentioned above, B43/2035.
Petitioner 2™ Respondent & a " ot 'ig ng ae \ 7 Anagha B.R ~ Re i= %, ae Hing Pon:
Abhishek § £ a 2" Respondent Anagha BR Petitioner Asha LV
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3, The First Party shall release his one-half share in an extent of 3.90 Ares of property comprised in Block No. 36, Re-Sy. No. 482/6 (Old Sy. No. 6086) of Bhoothakkulam Village, along with the residential building situated. therein, covered under Sale Deed No. 722/2020 of Paravoor SRO, in favour of the Third Party by executing a registered Release Deed within two weeks from the date of filing the joint divorce petition. The First Party shall also hand over vacant possession of the said residential property to the Third Party simultaneously. 'The entire expenses for registering the said Release Deed shall be borae equally by the First and Third Parties. Is the event of failure to execate and register the Release Deed, the Third Party shall have the right to withdraw her consent from the divorce petition filed under Section 13B of the Hindu Martlage Act and Rood continue prosecuting the pending criminal case (Crime No, | Paravoor Police Station) and other matrimonial ltgations without any legal FESETICHIONS, the Third Party in fall acknowledgement and recognition of the fact that the First Party had not contributed any amount towards the sale consideration at the time of purchasing the said immovable property. It is farther acknowledged that the said immovable property was originally purchased jointly in the names of the Petitioner A tA 2™ Respondent Lew' UA | Abhishek $<) Anaghe BR 2" Respondent Anagha BR € ing, wpe The First Party shall hand over the movables, excluding the 'Television (QnePlus), Air Conditioner, two wooden cots, and one steel almirah belonging of property comprised in Block No. 36, Re-Sy. No. 432/6 (Old Sy. No. 6086) of 'Bhoothakkulam Villoge, to the Third Party without raising any objections. The First Party shall also obtain a receipt from the Third Party after handing over the movables, The Third Party shall hand over the laptop (Dell) to the First Party at The First Party agreed to hand over the Maruti Swift car bearing Registration No.RL2 BC 9073, along with its keys, Original of RC Book, Insurance and Tax papers and all other documents in respect of the said car including service Book to the Thind Party on the date of filing proof affidavit in the joint petition for divorce. The said vehicle was purchased In the name of the Third Party by her parents and is currently In the custody of the First Party. The first party shall Ae eee documents to the Hird party.
. The First Party shall return the gold ornaments gifted by the parents of the Third Party to the First Party's parents, consisting of a chain weighing about 2 soverbign and a rag of 1 sovereign. The first party shall obtain receipt from the third party on handing over the said gold ornaments to the third party. Petitioner aa pitt pe, oe LES he oi ca "
2" Respondent | \ Anagha BB nd .
x Abhishek S © 4, 4, % 2 Respondent Anagha BR penennerrie ese a. The permanent custody and guardianship of the minor daughter, A. Wamlka, barn ta the First and Third Parties, shall remain with the Third Party, subject to. ihe visitonial rights of the First Party. The Third Party shall bring the child to the Family Court, Paravoor, Kollam, from 10:00 A.M. to. 4:00 BM. on every second Saturday of the calendar month and hand over child's custody to the First Party. The First Party shall return the child by 4:00 P.M, at the premises of the Family Court to the Third Party. In the event of any inconvenience to the First Party on the second Saturday, the vistation may be rescheduled to the following Saturday or any other mutually convenient day, provided prior intimation is given. Both the Fisst and Third Parties agreed that this arrangement is in the best interest of the minor child and any variation reganling custodial or yisional nights shall be subject io any orders passed by the concemed Family Cont, H necessary.
9. The First Party shall also pay Rs. 10,000). (Rupees Ten Thousand only) per month towards the child's maintenance, which shall he credited to the SR to an annual escalation of 10% per annum and shall continue unl the daughter's marriage or when the first party attained the age of SO, whichever is earlier In the event of default in the payment of the monthly maintenance, the Third Party shall have the right to initiate legal proceedings to enforce the payment as agreed above.
Bail Appl. No. 6Petitioner Abhishek § : ene (% i Anagha BR he .
;
Petitioner Asha k¥ 2" Respondent Anagha B.R og oe "Bs
10. The Third party shall ensure the child's proper upbringing by providing a good standard of education. The child shall be admitred to a CBSE schaol ar state syllabus school, and the First Party shall also bear the child's school fees, higher education expenses, and medical expenses in the event of treatment as inpatient in addition to the said monthly maintenance on actuals.
v1. Before the finglisation of the said joint divorce petition, Le. on or before Aling divorce, the first party shall settle all monetary claims to the third-party including execution of the said release deed, other than the amount agreed by the First and Third Party to be payable at a later date. Accordingly, upon finalisation of the divorce petition by way of filing proof affidavits, the Third Party agrees to settle Crime No. 1746/2024 of Paravoor Police Station in is entirety against all the accused, ensuring a complete and amicable resolution with immediate effect by giving affidavits for the same simultaneously. Both parties agree to withdraw and refrain from prosecuting any pending civil, criminal, or matrimonial litigation up on finalisation of the said joint petition for divorce as mentioned above. [f such cases are act withdrawn thereafter within the stipulated time, all cases shall be deemed to be seuled and withdrawn.
12.The parties shall be entitled to enforce all the terms of this agreement through a court of law through execution in case of any violation or failure to comply with the TETMis.
Petitioner AbhishekS 9 €| Anagha BR Ga 2" Respondent Petitioner ¢ aes Anagha B.R Asha LV
13. All the parties expressly agree that they shall have no further or foture claims against each other, whether personal or related to property, and shall not inidate any further ligation concerning the existi finally settled. Although the mother and brother of the First Party are nol signatories to this agreement, the de facto complainant (third party) has agreed to settle Crime No. 1746/2024 of Paravoor Police Station in its entirety against all the accused at the expense of the accused ( First Party, Second Party and others), The parties agreed that the withdrawal of prosecution Is solely for the purpose of an amicable settlement to bring a quietus to the matter, without venturing into the merits of the contentions and averments.
14. The Third Party has agreed to provide an affidavits affirming the settlement of the dispute reached between the parties, facilitating the First and Second Parties to approach this Hon'ble Court seeking the quashing of Crime No. 1764 of 2024 of Paravoor Police Station based on this settlement arrived at. by the parties, The Third Party thereby consents to the withdrawal of Crime No. 1746 of 2024 of Paraveor Police Station, subject to the fulfilment of the other terms and conditions mentioned herein.
ees Fer Cages OF litigation against auy other party concerning the subject matter of Crime No. 1746 of 2024 Paravoor Police Station, matrimonial disputes, or any consequential or connected proceedings.
'Apo Anagha BAR . _ .
2" Respondent C Asha LV 7 Anagha B.R sie
16.The second party agrees to withdraw the complaint/petition Aled through her po mother against the third party and his relatives before the Kerala Women's Commission. Furthermore, she agrees that she will not Ble any similar allegations or complaints against the third party or her mlatives, including but not limited to allegations of defamation or complaint alleging commission of offence under the IT Act, complaints before Human Rights Commissions or any similar forums or authorities in light of the present compromise. The second party is estopped and precluded from making any such allegations or complaints against the third party, as the third party has agreed. to compromise the criminal cases and related matters pending against the first and second parties and first party's relatives.
In the event that the second party raises any future allegations or complaints against ihe thin] party or her relatives pertaining to or related to the present disputes, including any related or consequential issues, the third party shall be at Liberty to adhere to ber averments in the First Information Statement and the statement given. ta the Magistrate under Section 164 CrBC. in the dlorementioned crime case and to defend such allegations or complaints. Additionally, the thind party shall have the right to pursue all possible legal remedies and actions against the second party.
2" Respondent Anagha BR Petitioner Abhishek S Petitioner 2™ Respondent .
Asha lv \ Anagha BUR.
og,
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18. Ia view of the settlement, the third party and her parents shall give statements to the effect that they have ao complaints or allegations subsisting as against the first party and second party and should depose to that effect before any enquiry including departmental enquiry as against the first and second pany. Dated this the 25th day of February, 2025.
Petitioner 2" Respondent Abhishek $<) Anagha B.R 2 Respondent a:
X N Counsel for the Petitioners paarary mar ate I certify that the clauses in this agreement/compromise with regard to the minor wand proposed in my opinion are for the benein for the minor ward. ~ a' -
xe eo Adv.P Rahul (Counsel for 2" Respondent) :
he ~ eS ~ Serf owt os NS e ee 'The above Settlement Agreement is authenticated by me. Sri.Balasubramanian K (Mediator)