Kerala High Court
Harikrishnan R vs State Of Kerala on 11 August, 2025
2025:KER:60279
Crl.M.C.Nos.1742/2023 & 6096/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
CRL.MC NO. 1742 OF 2023
IN CC NO.454 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, TRIPUNITHURA
PETITIONERS/ ACCUSED 1 & 3:
1 HARIKRISHNAN R
AGED 35 YEARS
S/O K.C RAVI KAIPULLIL HOUSE,
KAIRALI ROAD, EROOR SOUTH,
THRIPPUNITHURA, ERNAKULAM DISTRICT,
PIN - 682306
2 HEWIN GRACE
AGED 31 YEARS
HENDRY NB NALAM KANDATH HOUSE,
NAMBIYAPURAM ROAD PALLURUTHY,
KOCHI, PIN - 682006
BY ADVS.SHRI.K.R.PRATHISH
SHRI.P.K.SREEVALSAKRISHNAN
SRI.S.UNNIKRISHNAN (NELLAD)
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 DHANYA K.R
AGED 35 YEARS
D/O. RAVIDRAN
DILRADH HOUSE, NO.7,
AISWARA NAGAR THEKKUMBHAGAM,
THRIPUNITHURA
2025:KER:60279
Crl.M.C.Nos.1742/2023 & 6096/2025
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ERNAKULAM DISTRICT,
PIN - 682301
BY ADVS.SRI.SAM ISAAC POTHIYIL
SMT.S.SURAJA
SHRI.MUHAMMED SUHAIR C.A
SHRI.ABEY GEORGE
SHRI.HARISH V.S.
SHRI.RAMU SUBHASH
SHRI.VIPIN M.V.
SHRI.SWAMINATHAN K.S.
SMT PUSHPALATHA M.K., SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.08.2025, ALONG WITH CRL.MC.6096/2025, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
2025:KER:60279
Crl.M.C.Nos.1742/2023 & 6096/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
CRL.MC NO. 6096 OF 2025
IN CC NO.18 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, TRIPUNITHURA
PETITIONERS/ ACCUSED:
1 HARIKRISHNAN R
AGED 38 YEARS
S/O K.C RAVI
KAIPULLIL HOUSE,
KAIRALI ROAD,
EROOR SOUTH,
THRIPPUNITHURA,
ERNAKULAM DISTRICT,
PIN - 682306
2 HEWIN GRACE
AGED 34 YEARS
HENDRY NB,
NALAM KANDATH HOUSE,
NAMBIYAPURAM ROAD,
PALLURUTHY, KOCHI, PIN- 682006
NOW RESIDING AT HEWIN HIMAM,
VALAKATH, OPP. VELIYANAD UP SCHOOL,
VELIYAND, PIN - 682313
3 K.G.LEELA
AGED 70 YEARS
, W/O LATE SRI.RAVI,
HAREKRISHNA, KAIPULLIL HOUSE, 18,
KAIRALI ROAD RESIDENTS ASSOCIATION,
KAIRALI ROAD, EROOR SOUTH P.O,
EROOR, THRIPUNITHURA,
ERNAKULAM DISTRICT, PIN - 682307
BY ADVS. SHRI.K.R.PRATHISH
SHRI.P.K.SREEVALSAKRISHNAN
2025:KER:60279
Crl.M.C.Nos.1742/2023 & 6096/2025
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RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
2 DHANYA K.R
AGED 36 YEARS
D/O RAVINDRAN, RESIDING AT DILRADH,
HOUSE NO.7, AISWARYA NAGAR,
THEKKUMBHAGOM,
THRIPUNITHURA,
ERNAKULAM DISTRICT,
PIN - 682301
BY ADV SRI.R.NIKHIL
SMT PUSHPALATHA M.K., SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.08.2025, ALONG WITH CRL.MC.1742/2023, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
2025:KER:60279
Crl.M.C.Nos.1742/2023 & 6096/2025
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COMMON ORDER
Crl.M.C.No.1742/2023 is filed by accused Nos.1 & 3 in
C.C.No.454/2022 on the files of the Judicial First Class Magistrate Court,
Thrippunithura, to quash the proceedings in the said case. The aforesaid
case arose out of a private complaint filed by the second respondent,
who was the wife of the first petitioner. Crl.M.C.No.6096/2025 is filed to
quash the proceedings in C.C.No.18/2022 pending before the same Court
against the petitioners in Crl.M.C.No.1742/2023 and another person. The
aforesaid case arose out of a police charge initiated at the instance of
the second respondent, the wife of the first petitioner.
2. All the issues between the first petitioner and the second
respondent were resolved amicably through mediation at the instance of
the Ernakulam Mediation Centre functioning within the premises of this
Court, as referred by a Division Bench of this Court in Mat.Appeal
Nos.204/2024 & 380/2024. Accordingly, the mediator has filed report,
along with Memorandum of Agreement in which the parties have agreed
to wind up prosecution proceedings in C.C.Nos.18/2022 and 454/2022 on
the files of the Judicial First Class Magistrate Court, Thrippunithura, as
one of the conditions.
2025:KER:60279
Crl.M.C.Nos.1742/2023 & 6096/2025
3. Acting upon the aforesaid mediation agreement, Mat. Appeal
Nos.204/2024 & 380/2024 were disposed of by the Division Bench, on
12.09.2024, as per the terms of agreement between the parties.
4. In the above circumstances, there is absolutely no need to
continue the prosecution proceedings in C.C.Nos.18/2022 & 454/2022
pending before the Judicial First Class Magistrate Court, Thrippunithura.
Accordingly, both these petitions stand allowed. The proceedings in
C.C.Nos.18/2022 & 454/2022 pending before the Judicial First Class
Magistrate Court, Thrippunithura, are hereby quashed.
(Sd/-)
G. GIRISH, JUDGE
DST/11.08.25
2025:KER:60279
Crl.M.C.Nos.1742/2023 & 6096/2025
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE PRIVATE COMPLAINT FILED
BY THE DE-FACTO COMPLAINANT DATED 26.10.2021
AS CMP NO. 1090 OF 2021 BEFORE JUDICIAL 1ST
CLASS MAGISTRATE COURT, THRIPUNITHURA
ANNEXURE A2 CERTIFIED COPY OF THE ORDER DATED 05.09.2022
IN C.M.P NO. 1090 OF 2021 OF HON'BLE JUDICIAL
1ST CLASS MAGISTRATE COURT, THRIPUNITHURA
ANNEXURE A3 TRUE COPY OF THE PETITION FILED BY THE 1ST
PETITIONER AS O.P NO. 175 OF 2017 OF FAMILY
COURT, ERNAKULAM DATED 25.07.2017
ANNEXURE A4 TRUE COPY OF THE PETITION FILED BY THE
DE-FACTO COMPLAINANT DATED 17.05.2017 AS O.P
NO. 1060 OF 2017 BEFORE THE FAMILY COURT,
ERNAKULAM
ANNEXURE A5 TRUE COPY OF THE JUDGMENT DATED 12.09.2024 IN
MAT. APPEAL NOS: 204/2024 AND 380/2024 OF
HON'BLE HIGH COURT OF KERALA
ANNEXURE A6 ORIGINAL AFFIDAVIT OF THE RESPONDENT NO. 2
DATED 30.04.2025
2025:KER:60279
Crl.M.C.Nos.1742/2023 & 6096/2025
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 1401
OF 2021 OF HILL 2 PALACE POLICE STATION,
THRIPPUNITHURA, ERNAKULAM DISTRICT
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C NO.
18 OF 2022 PENDING BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, THRIPPUNITHURA
ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 12.09.2024 IN
MAT. APPEAL NOS: 204/2024 AND 380/2024 OF
THIS HON'BLE COURT
ANNEXURE A4 ORIGINAL AFFIDAVIT OF THE RESPONDENT NO. 2
DATED 30.04.2025
