Kerala High Court
Thirumathi Komathi vs Kavitha.T on 8 August, 2016
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 8TH DAY OF AUGUST 2016/17TH SRAVANA, 1938
OP(Crl.).No. 173 of 2016 (Q)
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AGAINST THE ORDER/JUDGMENT IN MC 31/2016 of J.M.F.C.,PAYYANNUR
PETITIONER(S):
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1. THIRUMATHI KOMATHI,
AGED 52 YEARS, W/O.THIRU RATINAVEL,
ANNAIPALAYAM VILLAGE PO, RASIPURAM,
NAMAKKAL DISTRICT, TAMIL NADU.
2. THIRUMATHI RATNAVEL,
S/O.LATE NELLIPA GOUNDER,
ANNAIPALAYAM VILLAGE PO,
RASIPURAM, NAMAKKAL DISTRICT,
TAMIL NADU.
3. P.SAKTHI,
S/O.RATHANAVAL,
ANNAIPALAYAM VILLAGE PO,
RASIPURAM, NAMAKKAL DISTRICT,
TAMIL NADU.
4. THIRUMATHI NALLAMMAL,
AGED 75 YEARS, W/O.LATE THIRU SENGODAN,
KARAKADU, R.GOUNDAMPALAYAM VILLAGE & PO,
RASIPURAM, NAMAKKAL DISTRICT, TAMIL NADU.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S):
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KAVITHA.T
AGED 40 YEARS, D/O.SANKARAN T.
THEKKINIYIL HOUSE, MANIYARA,
KANAYIL PO, PAYYANNUR,
KANNUR DISTRICT, PIN-670 307.
R1 BY ADV. SRI.M.SASINDRAN
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08-08-
2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No. 173 of 2016 (Q)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 : TRUE COPY OF THE MC NO.31/16 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE, PAYYANNUR ALONG WITH
THE COPY OF THE NOTICE.
RESPONDENT(S)' EXHIBITS
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nil
/true copy/ PS to JUDGE.
SUNIL THOMAS, J.
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O.P.(Crl.)No.173 of 2016
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Dated this the 8thday of August, 2016
O R D E R
The petitioners herein are the respondents in MC No.31/2016 of JFCM court, Payyannur, in a proceeding under Section 12 of the Protection of Women from Domestic Violence Act,2005. Pending the proceedings, the parties offered themselves for settlement by mediation. Parties were relegated to the mediation centre, High Court of Kerala. Mediation report has now been submitted through the Nodal Officer stating that the disputes have been amicably settled between the parties. The original memorandum of settlement signed by the respective parties and counter signed by the counsel has also been produced.
2. Heard the learned counsel for the petitioners as well as the learned counsel for the respondent.
3. By clause '3' in the memorandum of agreement, the respondent herein has agreed to withdraw M.C.No.31/2016 of the Judicial First Class Magistrate Court,Payyannur or she has no objection in this Court quashing the above proceedings. It is trite law that invoking the writ jurisdiction, this Court can O.P.(Crl.) No.173/2016 2 quash the proceedings also. In the light of the above, all further proceedings in M.C.No.31/2016 will stand quashed.
I am satisfied that the parties have voluntarily and amicably resolved their disputes. Hence, the original petition is allowed recording the memorandum of settlement. Memorandum of settlement will form part of this judgment and it can be relied on by both sides for all intents and purposes.
Sd/-
SUNIL THOMAS Judge dpk /true copy/ PS to Judge.
O.P.(Crl.) No.173/2016 3