Rajesh T.K vs State Of Kerala
2023 Latest Caselaw 12422 Ker

Kerala High Court

Rajesh T.K vs State Of Kerala on 22 November, 2023

Author: Anil K.Narendran

Bench: Anil K.Narendran

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                      &
                     THE HONOURABLE MR. JUSTICE G.GIRISH
         Wednesday, the 22nd day of November 2023 / 1st Agrahayana, 1945
                             CRL.MC NO. 6668 OF 2018
             CRIME NO.853/2017 OF Kidangoor Police Station, Kottayam
CC 3507/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, ETTUMANOOR, KOTTAYAM
  PETITIONERS/ACCUSED:

    1. RAJESH T.K. AGED 45 YEARS S/O. KRISHNANKUTTY NAIR, THIRUMALA HOUSE,
       PIRAYAR, KIIDANGOOR, KOTTAYAM DISTRICT.
    2. DEEPTHI RAJESH AGED 44 YEARS W/O. RAJESH T.K., THIRUMALA HOUSE,
       PIRAYAR , KIDANGOOR, KOTTAYAM DISTRICT.
    3. MURALEEDHARAN NAIR AGED 71 YEARS S/O. SANKARA PILLAI, KOTTARATHIL
       HOUSE, KADAPATTOOR, MEENACHIL, KOTTAYAM DISTRICT.

 RESPONDENTS/STATE & DEFACT COMPLAIANT :

    1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
       KERALA, ERNAKULAM - 682 031, REPRESENTING THE STATION HOUSE OFFICER,
       KIDANGOOR POLICE STATION, KOTTAYAM - 686 275
    2. AUGUSTINE T. CHEMBARATHY S/O. THOMAS, CHEMBARATHICKAL HOUSE,
       PIZHAKU, RAMAPURAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT-686
       655

      This Criminal Misc. case coming on for orders on this day upon
 perusing the application and     this court's order dated 08/11/2023 in
 Crl.M.A.1/2018 and upon hearing the arguments of M/S.PHILIP T.VARGHESE,
 THOMAS T.VARGHESE and ACHU SUBHA ABRAHAM, Advocates for petitioners and of
 SRI.P.C.HARIDAS, Advocate for the 2nd respondent and the Public Prosecutor
 for R1, the court passed the following:
               ANIL K. NARENDRAN & G. GIRISH, JJ.
              --------------------------------------------
                      Crl.M.C.No.6668 of 2018
                     ------------------------------
           Dated this the 22nd day of November, 2023
           --------------------------------------------------

                                 ORDER

G. Girish, J.

The accused in C.C.No.3507 of 2017 of the Judicial First Class

Magistrate Court-I, Ettumanoor have filed this Crl.M.C under Section

482 Cr.P.C to quash the proceedings in the said case.

2. The issue involved in the said case related to refusal on

the part of the first petitioner to execute a sale deed in terms of the

agreement for sale with the second respondent. A suit instituted by

the second respondent before the Sub Court, Pala as O.S.No.26 of

2017 for specific performance on the above matter was decreed by

the said court on 30.03.2019. Now that, the appeal filed by the

petitioners against the above decree and judgment of the Sub Court,

Pala as R.F.A.No.347 of 2019, has been settled in mediation at the

instance of the Ernakulam Mediation Centre in the premises of this

Court. Accordingly, the above R.F.A has been disposed of in terms

of the Memorandum of Mediation Settlement under Section 89 of the

Code of Civil Procedure read with Rule 24 of the Civil Procedure

(Mediation) Rules, 2008.

In view of the above settlement of the dispute between the

parties in mediation, this case is ordered to be placed before the

court concerned as per roster for further proceedings.

(sd/-) ANIL K. NARENDRAN, JUDGE

(sd/-) G. GIRISH, JUDGE jsr

22-11-2023 /True Copy/ Assistant Registrar