Kerala High Court
Johnson P.P vs State Of Kerala on 5 April, 2024
BA. NO. 645 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 5" DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
BAIL APPL. NO. 645 OF 2024
CRIME NO.48/2824 OF Pooyapally Police Station, Kollam
PETITIONER:
JOHNSON P.P.,
AGED 57 YEARS
S/0.P.Y.PAPPAN, RESIDING AT PALLIKIZHATHIL,
DEWDROPS, POOYAPPALLY, KOLLAM DISTRICT,
PIN - 691537
BY ADVS.
J.R.PREM NAVAZ
PREETHA RANI M.S.
SUMEEN S.
MUHAMMED SWADIQ
RESPONDENTS:
1
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 6826031
PRAMEELA GEORGE ,(IMPLEADED AS ADDL R2)
W/O. JOHNSON P.P., RESIDING AT PALLIKIZHATHIL,
(IMPLEADED AS ADDL R2 AS PER ORDER DTD 19/2/24 IN
CRL MA 1/24)
BY ADVS.
AUGUSTUS BINU
ANJU THOMAS .M
KARTHIK J SEKHAR
NIDHEESH MOHAN
PP M P PRASHANTH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
65.04.2024, THE COURT ON THE SAME DAY ODELIVERED THE
FOLLOWING :
BA. NO. 645 OF 2024 2
ORDER
Dated this the 5" day of April, 2024
This is an application for anticipatory bail filed under
Section 438 of the Code of Criminal Procedure by the husband
in Crime No.48/2024 of Pooyappally Police Station, where the
prosecution alleges commission of offences punishable under
Sections 294(b), 323, 324, 326 and 506 of IPC.
2. Heard the learned counsel for the petitioner as well
as the learned Public Prosecutor.
3. The parties were referred to mediation and the
matter has been amicably settled between the parties. The
compromise in this regard has been placed.
4. Considering the fact that the parties are husband and
wife, I am inclined to allow this petition with a direction to the
investigating officer to release the petitioner on bail, in the event
of recording his arrest in connection with this crime by executing
self bond for Rs.25,000/-. The investigating officer is also free to
decide the fate of the investigation, in view of the settlement,
which forms part of this bail application.
5. It is ordered that the mediation agreement do form
part of this order.
A. BADHARUDEEN
ab
Y
ANS ERNAKULAM MEDIATION CENTRE
pO (HIGH COURT HALL)
"Qn floor, above SB, High Court Butlsing, Emakuiam, Kochl-32.(Ph: 0484.2562238)
EMGReg ma leah ated 21103 /202-
The Nodal. Officer, nyt
. High | Court Mediation Centre..
_ To |
The Registrar (jucicial).
High ¢ Court of Kerala, Emakulam.
~ Sir. |
Sub : Mediation of case 'referred by the Hon' ble High Court of Kerala -
reg
; Ref :" Referral or ah fa BR. ih ig
'dated .. 96)92 po? - of ai rah High Court of Kerala .
sae
' fam to forward herewith Report of the Mediator in the matter along .
with the enclosures for infarmation and necessary action, ;
Yours ralthfully,
| Ane , Be Se , . Nodal Officer,
- NO | av pO re 0," Ernakulam Mediation Centre
aN rome . ee y -
& a
7. Ene: 4, Report of the Mediator, Settlement} yeerent
* 2. Copy of the referral order dated O84 ISTES coe of the High Court of Kerala.
3. Copy of the Petition .
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
Bail Application No. 645 of 2024
Johnson P.P : Petitioner
Vs.
State of Kerala & Anr : Respondents
REPORT SUBMITTED BY THE MEDIATOR
ADV. ZOHRA M.A,
Mediated, matter is settled.
Compromise Petition is attached herewith.
Dated this the 20" day of March, 2024.
Adv. Zohra M.A.
Mediator
High Court Mediation Centre
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
Bail Application No. 645 of 2024
Johnson PP : Petitioner
State of Kerala & Anr : Respondents
MEMORANDRUM OF AGREEMENT UNDER RULES 24 & 25 OF
THE ALTERNATIVE DISPUTE RESOLUTION RULES, 2008:
The parties to the above dispute being the Petitioner johnson PP, and the
1* respondent State being formal party is not a necessary signatory and hence not included
herein and, the 2 respondent defacto complainant namely Prameela George, Johnson
PP and Prameela George agrees to resolve the dispute between them involved in the
above matter arising from the family disputes between them on the following terms and
conditions:-
1. Johnson PP and Prameela George, the defacto complainant who is the
2™ respondent herein agrees that their marital life is irretrievably broken down and
hence they agree to go in for mutual divorce under section 10 A of the Indian Divorce
Act. The mutual divorce petition is agreed to be prepared and signed within 10 days
from today and filed before the Family Court, Kottarakkara. There are two children
born in the Wedlock of Johnson PP and Prameela George, namely Anu Anna Johnson
and Allen Pappen Jonhson. Both have attained majority.
2. Both parties agree that once the divorce proceedings are taken up for filing
affidavit the 2" respondent agrees to sign the necessary affidavit for filing Criminal
M.C before this Hon'ble Court to quash Crime No.48/2024 of Pooyappally Police
Station so that the Criminal proceedings between them stands finally closed.
Petitioner Defacto Complainant
Johnson P.P Prameela George
bh 4 Zamuljeoge
----
3. Itis agreed by the parties that the Petitioner has certain properties including a Petrol
Pump which is now run by Prameela George. The Petrol Pump is situated in Survey
No.202/12-2 and 202/12-3 of Pooyappally Village and its extent is 11.94 Ares
The parties agree that the Petrol Pump namely Pooyappally Fuels can be sold and the
sale proceeds less the existing liabilities of the Pump alone shall be shared on a
proportion of 40 % to Prameela George and 60% to the Petitioner Johnson P.P.
The sale shall be within six months from today and in the meanwhile the
2™ respondent Prameela George who is conducting the Pump will give Rs.50,000/- per
month to the Petitioner Johnson P.P. and she can also have the same amount for her
maintenance. Prameela George is agreed to be permitted to participate in the final
sale negotiation with the buyer and in case of necessity six more months time at the
most can be utilised for completion of the sale once agreement is entered. if further
period to the six months time fixed for sale is necessitated the parties shall continue
with the arrangement of Prameela George conducting the Pump till the sale is
completed and both having Rs.50,000/- from the income of the Pump for their needs as
agreed afore. However, if sale is not completed even after one year petitioner shall take
over the functioning of the Pump and pay maintenance to Prameela at Rs.50,000/- per
month till date of extended sale of the Pump.
4. The Petitioner agrees to settle 19.19 Ares of property obtained by him from his
family share situated in Survey No.219/2 of Pooyappally Village, Kottarakkara Taluk,
Kollam District in favour of his children Anu Anna Johnson and Alien Pappen Jonhson
within a period of one month from today. He has a house property situated in
Pooyappally Village and he will be retaining it for himself.. However after his life time
the house property is agreed to be left to his two children in equal shares like the family
property mentioned above. in case of dire necessity for alienation of this property for
his treatment or such unforeseen but inevitable requirements he can sell the property.
Petitioner Defacto Complainant
Johnson P.P Prameela George
ayant ion Cant
wate codranea i _
iy ya stale hgh Court of Kerate
5. The gold piedged is agreed to be redeemed by the petitioner and the same will be
taken between the petitioner and 2" respondent according to their actual possession.
Both parties agree that they will not create any inconvenience to the other and will
proceed with mutual respect in all ways till proceedings are completed and also in
future.
Hence it is humbly prayed that this Hon'ble Court may be pleased to record the
compromise in the judgment of the above matter and dispose of the
bail application accordingly in the interest of justice.
Dated this the 20° day of March, 2024.
Petitioner Defacto Complainant
Johnson P.P Prameela George
el
Counsel ray
The above Settlement Agreement is authenticated by me. Ls
We
Adv. Zohra M.A (Mediator)
