Kerala High Court
Ramesh Kumar B vs State Of Kerala on 5 April, 2024
WP(CRL.) NO. 381 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(CRL.) NO. 381 OF 2024
AGAINST CRMP NO.1714 OF 2023 OF ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, THIRUVANANTHAPURAM
PETITIONER:
RAMESH KUMAR B, AGED 41 YEARS
SREEKRISHNALAYAM HOUSE, PERUMBOTTA ROAD, ELAMAKKARA
P.O COCHIN, ERNAKULAM DISTRICT, PIN - 682026
BY ADVS.
K.MOHAMMED RAFEEQ
BIBIN MATHEW
P.M.MATHEW
AMARNATH R LAL
SANALDEV E.P.
VISHNUMAYA ANANDAN
SONYMON ANTONY
AJMAL V. KARIM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM DISTRICT, PIN - 682031
2 SUMA SANDHYA G, AGED 32 YEARS
ASWATHY, T.C 17/1989/3, PALACE VIEW ROAD, POOJAPPURA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695012
3 SUBHADRA BALAKRISHNAN, AGED 63 YEARS
W/O BALAKRISHNAN, SREEKRISHNALAYAM HOUSE,
PERUMBOTTA ROAD, ELAMAKKARA P.O COCHIN,
ERNAKULAM DISTRICT, PIN - 682026
4 KAVITHA VINOD, AGED 44 YEARS
D/O SUBHADRA BALAKRISHNAN, SREEKRISHNALAYAM HOUSE,
PERUMBOTTA ROAD, ELAMAKKARA P.O COCHIN, ERNAKULAM
DISTRICT, PIN - 682026
PP M P PRASHANTH
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 381 OF 2024 2
JUDGMENT
Dated this the 5th day of April, 2024
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:
"A) Issue a writ of certiorari and thereby direct the
honourable trial court to consider and reopen the M.C.NO.9/2019
on the file of Honourable Additional Chief Judicial Magistrate
Court, Thiruvananthapuram, and give sufficient opportunity to both
the parties to adduce evidence from their part and decide on the
matter judiciously and thereby dispose the matter on its merits.
B) Declare that the execution of the orders in Crl.M.P.
No.1714/2023 in M.C.No.9/2019 on the file of the honourable trial
court as not proper in a proceedings under Section 12 of Protection
of Women from Domestic Violence Act, 2005.
C) Grant such other relief that this honourable court may
deem fit and proper in the interest of justice."
2. Heard the learned counsel for the petitioner in detail.
3. In fact, the matrimonial dispute in between the petitioner and
respondent Nos.2 to 4 was settled and now at the option of the
respondents proceedings initiated by the Magistrate for non-payment of
maintenance. It is at this juncture, this petition has been filed.
4. In fact, in a settled matter, merely because some non
performance on the part of the other side is alleged, that is not a reason to
reopen the matter and the remedy of the petitioner to move before the
trial court for getting performance in terms of the agreement by the other
side. Keeping the liberty of the petitioner, this Writ Petition is dismissed
with a direction to the trial court to implement the terms of the
compromise without fail.
Sd/-
A. BADHARUDEEN
JUDGE
ab
APPENDIX OF WP(CRL.) 381/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE ORDER DATED 25.02.2021 IN
MC N0. 9/2019 ON THE FILE OF HONOURABLE
ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT, THIRUVANANTHAPURAM
Exhibit-P2 TRUE COPY OF THE DIGITAL COPY OF B DIARY
PROCEEDINGS IN CRL MP NO. 1714/2023 IN MC
NO. 9/2019 ON THE FILE OF HONOURABLE
ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT, THIRUVANANTHAPURAM
Exhibit-P3 TRUE COPY OF THE E COURT EXTRACTION OF THE
PROCEEDINGS DATED 18.11.2023 IN CRL MP NO.
1714/2023 IN MC NO. 9/2019 ON THE FILE OF
HONOURABLE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE COURT, THIRUVANANTHAPURAM
Exhibit-P4 TRUE COPY OF THE E COURT EXTRACTION OF THE
PROCEEDINGS DATED 18.12.2023 IN CRL MP NO.
1714/2023 IN MC NO. 9/2019 ON THE FILE OF
HONOURABLE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE COURT, THIRUVANANTHAPURAM
Exhibit-P5 TRUE COPY OF THE E COURT EXTRACTION OF THE
PROCEEDINGS DATED 06.01.2024 IN CRL MP NO.
1714/2023 IN MC NO. 9/2019 ON THE FILE OF
HONOURABLE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE COURT, THIRUVANANTHAPURAM
RESPONDENTS EXHIBITS: NIL
