Kerala High Court
Dhanya vs Hareesh Govind on 8 April, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941
OP(Crl.).No. 358 of 2018
AGAINST THE ORDER/JUDGMENT IN MC 114/2015 of JUDICIAL MAGISTRATE
OF FIRST CLASS ,NILAMBUR
CRIME NO. 757/2015 OF Nilambur Police Station , Malappuram
PETITIONER/S:
DHANYA, AGED 37 YEARS
D/O.SADANANDAN, "AMRITHAM" HOSPITAL HILLS,NILAMBUR
PO., NILAMBUR TALUK,MALAPPURAM DISTRICT.
BY ADVS.
SRI.P.SAMSUDIN
SRI.JITHIN LUKOSE
RESPONDENT/S:
1 HAREESH GOVIND
AGED 43 YEARS, S/O.JANARDHANAN,THAYYIL HOUSE,
RAMANKUTHU,NILAMBUR (RS) PO,NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN - 679 329.
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM - 682 031.
OTHER PRESENT:
SRI.SAHJU PURUSHOTHAMAN FOR R1, SRI.AMJAD ALI,
PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08.04.2019,
ALONG WITH Crl.Rev.Pet.1114/2018, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941
Crl.Rev.Pet.No. 1114 of 2018
AGAINST THE ORDER/JUDGMENT IN CMP 1528/2018 of DISTRICT COURT&
SESSIONS COURT,MANJERI
AGAINST THE ORDER/JUDGMENT IN CC 12/2016 of JUDICIAL MAGISTRATE
OF FIRST CLASS ,NILAMBUR
REVISION PETITIONER/S:
1 HAREESH GOVIND, AGED 40 YEARS
S/O. JANARDHANAN (LATE), THAYYIL HOUSE, RAMUNKUTH,
NILAMBUR R.S. POST, MALAPPURAM DISTRICT
2 KOMALAVALLI, W/O. JANARDHANAN (LATE), THAYYIL
HOUSE, RAMUNKUTH, NILAMBUR R.S. POST, MALAPPURAM
DISTRICT
3 PRIYA, D/O. JANARDHANAN (LATE), THAYYIL HOUSE,
RAMUNKUTH, NILAMBUR R.S. POST, MALAPPURAM DISTRICT
BY ADVS.
M. SHAJU PURUSHOTHAMAN
SRI.K.S.RAJESH
RESPONDENT/S:
1 DHANYA, D/O SADANANDAN, AMRUTHAM HOUSE, HOSPITAL
HILL, NILAMBUR POST, MALAPPURAM DISTRICT 685584
2 STATE OF KERALA,REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -
682031
BY ADVS.
SRI.D.FEROZE
S.RAJEEV
SRI.V.VINAY
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R2
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
08.04.2019, ALONG WITH OP(Crl.).358/2018, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
==================
O.P(Crl.) No. 358/2018 & Crl.R.P.No. 1114/2018
==================
Dated this the 8th day of April, 2019
JUDGMENT
The prayer in the above O.P(Crl.) filed under Art.227 of the Constitution of India is as follows:
"..... to issue a direction to the Judicial First Class Magistrate Court Nilambur to expedite the trial and proceedings in M.C.114/2015 and C.C. 12/ 2016 pending before that court and direct the court below to complete the trial in the above cases within a time frame to be fixed by this court, in the interest of justice."
The prayer in the above revision petition filed under Secs. 397 and 401 of the Cr.P.C. is as follows:
"..... Set aside the Order dt.21.8.2018 in Criminal Miscellaneous Petition No.1528/2018 passed by the Sessions Court-Manjeri transferring C.C.12/2016 and M.C.No. 114/2015 pending before the JFCM Court, Nilambur to the JFCM Court-1, Perinthalmanna in the interest of justice."
2. The petitioner in the O.P(Crl.) is the wife and the 1 st respondent therein is the husband. The petitioners in the above Crl.R.P. are the husband and his parents and the 1st respondent therein is the wife.
3. The wife has filed petition as M.C.No. 114/2015 before the Judicial First Class Magistrate's Court, Nilambur, seeking various reliefs under the DV Act. Based on the first information/complaint of the wife and in pursuance of the final report/charge sheet filed by the Police, Calendar Case, C.C.No. 12/2016 is also pending on the file of the same Magistrate, alleging offences under Secs. 498A, 406 and 34 of the I.P.C. On the ground that her sister is a practising lawyer at O.P(Crl).358/18 & Crl.R.P.1114/18
- : 4 :-
Nilambur courts, the wife had sought for transfer of the above petition under the DV Act and the above Calendar Case and the said plea of transfer was allowed by the Sessions Court, whereby those cases have now been ordered to be transferred to the Magistrate court at Perinthalamanna. Being aggrieved by the said transfer, the husband has filed the above Crl.R.P. No.1114/2018 challenging the said order of transfer of those cases. The husband has filed O.P(Crl.) No.358/2018 seeking a direction from this Court for early disposal of the abovesaid M.C.No.114/2015 filed under the DV Act.
4. Now it is submitted by both sides that both sides have entered into a compromise and a settlement agreement as per Ext.P-5 produced in O.P(Crl.).No.358/2018, whereby the husband has agreed to pay compensation @ Rs. 20,000/- each, to each of the two children and also to release one half of his share of the immovable property in favour of the 2 minor children and in turn, the wife has agreed to withdraw the abovesaid DV application filed as M.C.No.114/2015 and also that the parties could move separate applications for quashment of the impugned proceedings in the abovesaid Calendar Case, for offences punishable under Secs. 489A, 406 and 34 of the I.P.C.
5. Sri.P.Samsudin, learned counsel appearing for the wife now submits that in view of the abovesaid agreement, this Court may O.P(Crl).358/18 & Crl.R.P.1114/18
- : 5 :-
order that the above M.C.No.114/2015 on the file of the learned Magistrate will stand dismissed as withdrawn. Sri.M.Shaju Purushothaman, learned counsel appearing for the husband and his parents would submit that, in view of above settlement agreement, the above Crl.R.P. may be closed as not pressed. Now it is submitted by both sides that pursuant to the impugned order of transfer of the cases, M.C.No.114/2015 on the file of the Judicial First Class Magistrate's Court, Nilambur, has already been transferred to the Judicial First Class Magistrate's Court-II, Perinthalmanna, wherein the case has been re-numbered as M.C.No. 17/2018. In view of the abovesaid submission it is ordered that the Judicial First Class Magistrate's Court-II, Perinthalmanna, will pass necessary orders dismissing M.C.No.17/2018, as not pressed. The parties are given liberty to file separate applications under Sec.482 of the Cr.P.C. seeking quashment of the impugned proceedings on the ground of settlement.
With these observations and directions, the above O.P(Crl.) and Crl.M.C. stand disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
O.P(Crl).358/18 & Crl.R.P.1114/18
- : 6 :-
APPENDIX OF OP(Crl.) 358/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION IN MC 114/2015.
EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 27/6/2015
IN CMP NO.5109/2015 IN MC 114/2015.
EXHIBIT P3 TRUE COPY OF THE COUNTER FILED BY THE
RESPONDENT IN MC 114/2015.
EXHIBIT P4 TRUE COPY OF THE FIR AND FINAL REPORT IN
CR.NO.757/2015 OF NILAMBUR POLICE STATION.
O.P(Crl).358/18 & Crl.R.P.1114/18
- : 7 :-
APPENDIX OF Crl.R.P.114/2018 EXHIBITS:
NIL.