Citation : 2021 Latest Caselaw 23370 Ker
Judgement Date : 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Thursday, the 25th day of November 2021 / 4th Agrahayana, 1943
IA.NO.1/2021 IN OP(CRL.) NO. 166 OF 2020
CC.NO.347/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY), PARAVUR,
KOLLAM
PETITIONER:
ANJALIDEV,
AGED 22 YEARS, D/O.SUDEVAN,
RESIDING AT ANJALI VIHAR, KARIMPALOOR,
PUTHENKULAM P.O., KOLLAM.
RESPONDENTS:
1. ARUN,
AGED 27, S/O.CHANDRABABU,
KUNNATHU VADAKKE MADOM, MNRAA-4, VALSA BHAVAN,
KUDAPPANAKKUNNU VILLAGE
KUDAPPANAKKUNNU P.O., THIRUVANANTHAPURAM - 695 043.
2. CHANDRABABU,
AGED 57, KUNNATHU VADAKKE MADOM,
MNRAA-4, VALSA BHAVAN, KUDAPPANAKKUNNU VILLAGE,
KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM - 695 043.
3. VALSA,
AGED 50, W/O.CHANDRABABU,
KUNNATHU VADAKKE MADOM, MNRAA-4, VALSABHAVAN,
KUDAPPANAKKUNNU VILLAGE
KUDAPPANAKKUNNU P.O., THIRUVANANTHAPURAM - 695 043.
Petition praying that in the circumstances stated in the affidavit
filed therewith the High Court be pleased to extend the time period in the
judgment dated 17/12/2020 by a period of 2 months from today to conclude
the settlement terms arrived between parties to secure the ends of
justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support thereof, and this Court's judgment dated
17/12/2020 and upon hearing the arguments of SRI.M.S.AMAL DHARSAN,
Advocate for the petitioner, the court passed the following:
V.G.ARUN (J)
-----------------------
I.A.No.1 of 2021
in
O.P.(Crl) No. 166 of 2020
------------------------------------
Dated this the 25th day of November, 2021
ORDER
By judgment dated 17.12.2020, this Court directed the
Judicial First Class Magistrate (Temporary), Paravur to take
earnest efforts to dispose C.C.No.347 of 2019 within six
months. The time limit was later extended by four months.
The defacto complainant has filed this application seeking
extension of the period, stating that, after the judgment, the
parties have come to a settlement to resolve all their
disputes and the settlement is getting finalised. It is
submitted that the terms of the agreement can be finalised
and executed only after the first respondent, who is presently
abroad, returns to Kerala. It is submitted that in view of the
direction issued by this Court, the learned Magistrate is not
in a position to adjourn the case. Hence, it is requested that O.P.(Crl) No. 166 of 2020
the time limit stipulated by this Court may be extended.
2. Having heard the learned Counsel for the
petitioner and the Counsel representing the first
respondent, I find that the request to be well founded,
especially since the criminal case arises from the
matrimonial disputes between the parties, which the
parties are attempting to resolve amicably.
The time limit stipulated in the judgment is hence
extended by two months from today, so that the learned
Magistrate will be at liberty to grant necessary
adjournments to the parties for the purpose of effecting
settlement.
Sd/-
V.G.ARUN JUDGE H/o
RK
25-11-2021 /True Copy/ Assistant Registrar
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