Shinekumar vs State Of Kerala
2022 Latest Caselaw 12230 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                   CRL.MC NO. 4148 OF 2022
        AGAINST THE ORDER/JUDGMENT IN MC 67/2016 OF
            CHIEF JUDICIAL MAGISTRATE , ALAPPUZHA
    CMP 38/2019 OF CHIEF JUDICIAL MAGISTRATE , ALAPPUZHA

PETITIONERS/ RESPONDENTS/ RESPONDENTS:

    1    SHINEKUMAR
         AGED 46 YEARS
         S/O RAMAKRISHAN, ISWARIYA NIVAS,
         WEST OF L.M BUNGLAV, SOUTH ARYADU,
         AVALOOKUNNU P.O., ALAPPUZHA , PIN - 688006
    2    RAMAKRISHNAN
         AGED 75 YEARS, S/O VASUTTY,
         THAIVELICKAKAM, KARUR,
         AMBALAPUZHA P.O.,
         ALAPPUZHA, PIN - 688012
    3    RADHA
         AGED 71 YEARS, W/O RAMAKRISHNAN,
         THAIVELICKAKAM, KARUR,
         AMBALAPUZHA P.O., ALAPPUZHA , PIN - 688012
    4    KOCHUMOL
         AGED 42 YEARS, W/O KABIRDAS,
         THAVELICKAKAM, KARUR,
         AMBALAPUZHA.P.O.., ALAPPUZHA , PIN - 688012
          BY ADV MATHEW JAMES
RESPONDENTS STATE &
PETITIONERS/ PETITIONERS:

    1     STATE OF KERALA
          REPRESENTED PUBLIC PROCECUTOR,
          HIGH COURT OF KERALA, KOCHIN, PIN - 682031
    2     KALA
          AGED 38 YEARS, D/O K.K. BABY,
          KALUVILAYIL, EAST OF GURUPURAM,
          AVALOOKUNNU P.O., ALAPPUZHA , PIN - 688006
    3     ISWARYA
          AGED 7 YEARS, D/O SHINEKUMAR,
          KALLUVAYIL, EAST OF GURUPURAM,
          AVALOOKUNNU P.O., ARYADU SOSUTH VILLAGE,
 Crl.M.C.No.4148 of 2022
                                  ..2..



             ALAPPUZHA REPRESENTED BY MOTHER KALA,
             D/O K.K. BABY, KALUVILAYIL,
             EAST OF GURUPURAM, AVALOOKUNNU P.O.,
             ALAPPUZHA 688006

             BY ADVS.
             RAMESH P

             SRI P G MANU-SR PP

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
22.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.4148 of 2022
                                          ..3..



                                   ORDER

Dated this the 22nd day of December, 2022

I have heard Sri.Mathew James, the learned counsel for the

petitioners, Sri.Ramesh.P, the learned counsel for the

respondents and Sri.P.G.Manu, the learned Senior Public

Prosecutor.

2. This Crl.M.C has been filed challenging the

proceedings initiated under section 27(2) of the Protection of

Women from Domestic Violence Act (for short, 'the DV Act')

before the Chief Judicial Magistrate Court, Alappuzha (for short,

'the court below').

3. The petitioners herein are the respondents in MC

No.67/2016. The 2nd and 3rd respondent herein are the petitioners

in MC No.67/2016. The MC No.67/2016 was allowed directing

the petitioners herein to pay a monthly maintenance of

Rs.5,000/- each to the respondents 2 and 3. Thereafter, the

respondents 2 and 3 herein filed CMP No.38/2019 before the

court below to enforce the said order.

4. The respondents have approached this court

challenging CMP No.38/2019 on the ground that the entire Crl.M.C.No.4148 of 2022 ..4..

dispute between the parties have been settled as per an

agreement executed between them. The said agreement has

been produced as Annexure A5. I went through the recitals in the

agreement. There is nothing to show that there is a settlement

with regard to the payment of maintenance. Hence, the court

below can very well proceed with CMP No.38/2019. The

petitioners are free to take up all the contentions including the

contention that the dispute has been settled between the parties

in CMP No.38/2019.

With these observations, Crl.M.C is dismissed.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE APA Crl.M.C.No.4148 of 2022 ..5..

APPENDIX OF CRL.MC 4148/2022

PETITIONER'S ANNEXURES

Annexure A1 TRUE COPY OF THE JUDGEMENT DATED 27/2/2017 FAMILY COURT ALAPPUZHA IN O.P.(OTHERS) 37/2016 Annexure A2 . TRUE COPY OF THE ORDER DATED 7/07/2017 IN MC NO. 67/2016 OF THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA Annexure A3 TRUE COPY OF THE ORDER DATED 11/12/2018 OF THE SESSIONS COURT, ALAPPUZHA, CRLMP NO 6864/2017 IN CRL.APPEAL NO. 229/2017 Annexure A4 TRUE COPY OF THE CMP NO. 38/2019 DATED 7.01.2019 OF THE CHIEF JUDICIAL MAGISTRATE

Annexure A5 TRUE COPY OF THE AGREEMENT DATED 12.11.2020 BETWEEN THE 4TH PETITIONER AND 2ND RESPONDENT Annexure A6 TRUE COPY OF THE PETITION IN CMP 38/2019 IN M.C 67/2016 BEFORE THE CHIEF JUDICIAL MAGISTRATE ALAPPUZHA