Baby vs State Of Kerala
2023 Latest Caselaw 10983 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                    CRL.MC NO. 7766 OF 2023
PETITIONERS:

    1       BABY
            AGED 61 YEARS, S/O CHACKO, PALLIKKARAKARAN HOUSE,
            AIMURY KARA, KOOVAPPADY VILLAGE, ERNAKULAM,
            PIN - 683544
    2       SONA
            AGED 30 YEARS, S/O BABY, PALLIKKARAKKAARAN HOUSE,
            KOOVAPPADY PO, KOOVAPPADY VILLAGE, KUNNATHUNADU
            TALUK, ERNAKULAM, PIN - 683544
    3       JAQUALIN
            AGED 54 YEARS, W/O BABY, PALLIKKARAKKAARAN HOUSE,
            KOOVAPPADY PO, KOOVAPPADY VILLAGE, KUNNATHUNADU
            TALUK, ERNAKULAM, PIN - 683544
    4       AISWARIYA
            AGED 31 YEARS, D/O BABY, PALLIKKARAKKAARAN HOUSE,
            KOOVAPPADY PO, KOOVAPPADY VILLAGE, KUNNATHUNADU
            TALUK, ERNAKULAM, PIN - 683544
            BY ADVS.
            P.THOMAS GEEVERGHESE
            E.S.FIROS
            SRADHA MOHAN


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2       REJO GEORGE
            AGED 34 YEARS, S/O MJ GEORGE, MENACHERRY HOUSE,
            ALANGADU VILLAGE, ERNAKULAM, PIN - 683511

            BY ADV SREEKANTH K M
            SRI.RENJITH, PP
     THIS     CRIMINAL   MISC.     CASE   HAVING   COME   UP   FOR
ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C No.7766/2023
                                   ..2..




                    P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   Crl.M.C. No.7766 of 2023
             ----------------------------------------------
           Dated this the 26th day of October, 2023


                              ORDER

This Criminal Miscellaneous Case is filed under

Section 482 of the Code of Criminal Procedure, 1973 ("the

Code" for the sake of brevity).

2. This Crl.M.C. case is filed to quash the

proceedings in Crime No.83/2023 of Kodanad Police

Station, Ernakulam. Stating that the entire dispute

between the petitioners and the 2nd respondent are settled.

The petitioners also produced Mediation Agreement, in

which it is clearly stated that Crime No.83/2023 of

Kodanad Police Station is also settled.

3. Now the Counsel appearing for the 2nd

respondent submitted that he is withdrawing the consent

given in the settlement agreement. The counsel for the Crl.M.C No.7766/2023 ..3..

petitioners relied on the judgment of this Court in Benny

v. Mini [2021 (1) KHC 723] and Teena M. Ansari v.

Rinoj Eappen [2019 (4) KHC 593] and submitted that

such withdrawal is not possible.

4. I think there is some force in the argument of the

petitioners. The petitioners are the wife and in laws of the

2nd respondent. The cases against the 2nd respondent is

already quashed in the light of the settlement agreement

as evident by Anx.B. Now the 2nd respondent is turn

around and saying that the case against his former wife

and in laws cannot be quashed. I see no justification for

such a stand, especially when there is a signed mediation

agreement in which the 2nd respondent in clear terms

stated that he has no objection in quashing the

proceedings.

5. Therefore, in the interest of justice, I am of the

considered opinion that the case against the petitioners

also should be quashed. All other contentions of the

2nd respondent regarding the custody of the child are left Crl.M.C No.7766/2023 ..4..

open and if there is any such grievance to the

2nd respondent, the 2nd respondent is free to agitate the

same separately.

Therefore, this criminal miscellaneous case is allowed.

All further proceedings in Crime No.83/2023 of Kodanad

Police Station, Ernakulam, which is now pending as C.C.

No.1202/2023 before the Judicial First Class Magistrate

Court, Perumbavoor-III are quashed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

ded Crl.M.C No.7766/2023 ..5..

APPENDIX OF CRL.MC 7766/2023

PETITIONER ANNEXURES Annexure A THE CITIZENS COPY OF THE FIR NO.83/2023 OF KODANADU POLICE STATION DATED.23.2.2023 Annexure B THE TRUE COPY OF THE COMPROMISE AGREEMENT DATED 20/7/2023 Annexure C THE TRUE COPY OF COMMON JUDGMENT IN TRPC 252/2023 AND 255/2023 DATED.27.7.2023