Sumithra Karthik vs The Director General Of Police
2021 Latest Caselaw 6202 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                      W.P.(C) No.25994 OF 2020(Y)


PETITIONER/S:

                SUMITHRA KARTHIK
                AGED 35 YEARS
                D/O. RAMAKRISHNAN,
                PANANGADU HOUSE,
                PERINJANAM P.O,
                KODUNGALLUR, THRISSUR,
                NOW RESIDING AT
                C/O. KAMALA B. PILLAI,
                SIVASAKTHI,
                PARAVUR KAVALA,
                ALUVA 683108

                BY ADVS.
                SRI.C.Y.VINOD KUMAR
                SMT.SHERIN A.RAHIM

RESPONDENT/S:

      1         THE DIRECTOR GENERAL OF POLICE
                POLICE HEAD QUARTERS,
                TRIVANDRUM 695 001

      2         THE SUPERINTENDENT OF POLICE (RURAL)
                SP OFFICE, KALYAN NAGAR,
                AYYANTHOLE,
                THRISSUR 680 003

      3         THE CIRCLE INSPECTOR OF POLICE,
                MATHILAKAM POLICE STATION,
                BLOCK ROAD, MATHILAKAM,
                THRISSUR 680 685

      4         KARTHIK SUBRAHMANI
                AGED 39 YEARS
                S/O. SUBRAHMANI,
                RANGANATHAN HOUSE,
                NEAR THAYYAVALIYIL TEMPLE,
                THATTUNGAL P.O.,
                KOOLIMUTTOM, KODUNGALLUR,
                THRISSUR 680 691
 W.P.(C) No.25994 OF 2020(Y)

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               R4 BY ADV. SRI.E.C.POULOSE
               R4 BY ADV. SMT.BOBBY RAPHEAL.C

OTHER PRESENT:

               SRI SUNIL NATH N.B- GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.25994 OF 2020(Y)

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                               JUDGMENT

The marriage between the petitioner and the 4th respondent took

place on 07.07.2003 and they have two children in that wedlock. The

petitioner, has filed this writ petition, under Article 226 of the

Constitution of India, seeking a writ of mandamus commanding the 3rd

respondent Circle Inspector of Police not to harass him in connection

with the petitions preferred by the 4th respondent, except according to

the procedure established by law and directing the 3rd respondent Circle

Inspector of Police not to interfere with the peaceful life and liberty of

the petitioner, except according to the procedure established by law. The

petitioner has also sought for a writ of mandamus commanding the 1 st

respondent Director General of Police to issue direction to the 3 rd

respondent Circle Inspector of Police not to interfere with matrimonial

disputes between parties.

2. On 25.11.2020, when this writ petition came up for

admission, notice before admission was ordered to the respondents. The

learned Government Pleader took notice for respondents 1 to 3. Urgent

notice by speed post was ordered to the 4th respondent.

3. Heard the learned counsel for the petitioner, the learned

Government Pleader appearing for respondents 1 to 3 and also the

learned counsel for the 4th respondent.

4. During the course of arguments, it is pointed out by the

learned counsel for the petitioner and also the learned counsel for the 4 th W.P.(C) No.25994 OF 2020(Y)

respondent that the children are now with the petitioner.

5. The learned counsel for the 4th respondent would point out

the pendency of G.O.P No.701 of 2020 filed by the petitioner before the

Family Court, Irinjalakuda, seeking permanent custody of minor

children.

6. The learned Government Pleader would submit that there is

no police harassment as alleged. The police has only conducted inquiry,

based on the complaint made by the 4th respondent.

7. The learned counsel for the petitioner would submit that the

petitioner do not want to prosecute this writ petition further and

therefore, this writ petition may be closed leaving open the legal and

factual contentions raised by the petitioner.

In such circumstances, based on the aforesaid submissions made

by the learned counsel on both sides, this writ petition is closed, leaving

open the legal and factual contentions raised by the petitioner and the

4th respondent.

Sd/-

ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.25994 OF 2020(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 16-11-2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

RESPONDENT'S/S EXHIBITS:

EXHIBIT R-4(a) TRUE COPY OF THE COMPLAINT DATED 28-10-2020 FILED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT.

EXHIBIT R-4(b) TRUE COPY OF THE RECEIPT DATED 28/10/2020 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT.

EXHIBIT R-4(c) TRUE COPY OF THE CERTIFICATE DATED 27/10/2020 ISSUED FROM MODERN HOSPITAL KODUNGALLUR.

EXHIBIT R-4(d) TRUE COPY OF THE PETITION DATED 28/10/2020 FILED BY THE 4TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, ALUVA IN M.C.NO.78/2019.

EXHIBIT R-4(e) TRUE COPY OF THE OBJECTION DATED 9.11.2020 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, ALUVA IN M.C.NO.78/2019.

EXHIBIT R-4(f) TRUE COPY OF THE ORDER DATED 9/9/2020 IN OP(CRL) NO.206/2020 OF THIS HON'BLE COURT.

EXHIBIT R-4(g) TRUE COPY OF THE G.O.P NO.701/2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, IRINJALAKUDA.

EXHIBIT R-4(h) TRUE COPY OF I.A.NO.5/2020 IN G.O.P.NO.701/2020 FILED BY ME BEFORE THE FAMILY COURT, IRINJALAKUDA.

EXHIBIT R-4(i) TRUE COPY OF THE OBJECTION FILED BY THE PETIONER I.A.NO.5/2020 IN G.O.P.NO.701/2020 BEFORE THE FAMILY COURT, IRINJALAKUDA.

W.P.(C) No.25994 OF 2020(Y)

EXHIBIT R-4(j) TRUE COPY OF THE PETITION DATED 26/05/2020 ISSUED FROM THE OFFICE OF DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.

EXHIBIT R-4(k) TRUE COPY OF THE AKNOWLEDGMENT RECEIPT DATED 25/05/2020 FOR THE COMPLAINT SENT BY THE 4TH RESPONDENT TO THE SUPERINTENDENT OF POLICE, THRISSUR.

EXHIBIT R-4(l) TRUE COPY OF ORDER DATED 14-01-2021 OF CHILD WELFARE COMMITTEE THRISSUR.