Kerala High Court
Jithin.G vs State Of Kerala on 8 July, 2025
2025:KER:50082
Crl.M.C No.1729 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
CRL.MC NO. 1729 OF 2025
CRIME NO.610/2021 OF Paravoor Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.480 OF 2021
OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR
PETITIONER/ACCUSED 1 & 2:
1 JITHIN.G
AGED 35 YEARS
RESIDING AT CHIRATTUVILA HOUSE, ELANJIKKODE MURI,
IRUMBANANGAD P.O, EZHUKONE VILLAGE, KOTTARAKKARA
TALUK, KOLLAM DISTRICT, PIN - 691505
2 SHYMALA
AGED 68 YEARS
W/O. GOPINATHAN, RESIDING AT CHIRATTUVILA HOUSE,
ELANJIKKODE MURI, IRUMBANANGAD P.O, EZHUKONE
VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN
- 691505.
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
SHRI.RENJISH S. MENON
SMT.AVANTHIKA R.
SMT.ALEENA JOSE
SHRI.KARTHIK KRISHNA M.
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031.
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Crl.M.C No.1729 of 2025
2
2 THE STATION HOUSE OFFICER
PARAVOOR POLICE STATION, KOLLAM DISTRICT, PIN -
691301
3 LAJITHA.H
AGED 31 YEARS
D/O. HAREENDRALAL, RESIDING AT KIZHAKKADAM HOUSE,
KOTTAPPURATHU CHERRY, KOTTAPPPURAM VILLAGE,
PARAVOOR P.O, KOLLAM TALUK, KOLLAM DISTRICT, PIN
- 691301
BY ADV SRI.S.SREEKUMAR (KOLLAM)
OTHER PRESENT:
SRI G SUDHEER, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 08.07.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C No.1729 of 2025
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ORDER
The petitioners are the accused Nos.1 and 2 in C.C.
No.480/2021 on the files of the Judicial First Class Magistrate Court,
Paravoor. The offences alleged against them are under Sections
294(b), 506(ii) and 498A read with Section 34 of the Indian Penal
Code, 1860.
2. The prosecution case is that, the 1 st accused, who
married the defacto complainant/3rd respondent on 16.07.2019, had
been subjecting her to matrimonial cruelty with the assistance of the
2nd petitioner, who is the mother of the 1 st petitioner. It was alleged
that the petitioners demanded more dowry from the defacto
complainant and inflicted severe physical and mental torture upon her.
3. The case has been registered by the Paravoor Police
on 10.8.2021 on the basis of the First Information Statement given by
the defacto complainant. After the completion of the investigation,
the Sub Inspector of Police, Paravoor, filed final report against the
petitioners alleging the commission of the aforesaid offences.
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4. In the present petition, the petitioners would
contend that all the issues between the petitioners and the defacto
complainant were amicably settled, pursuant to the mediation
conducted in two original petitions filed before the Family Court by
the parties as O.P. No.1154/2021 and O.P.No.1086/2021. It is stated
that, one of the terms of the agreement signed by the parties in the
aforesaid mediation was that, necessary steps would be taken to quash
the case pending before the Judicial First Class Magistrate Court,
Paravoor as CC No.480/2021 against the petitioners herein. It is
further stated that, all the terms and conditions of the aforesaid
compromise have been fulfilled, but the criminal case against the
petitioners herein is still pending before the Judicial First Class
Magistrate Court, Paravoor. For the above reason, the petitioners seek
an order from this Court, quashing the proceedings against them in the
said case.
4. Heard the learned counsel for the petitioners and
the learned Public Prosecutor representing the State of Kerala. Though
the 3rd respondent had appeared through counsel, no arguments were
advanced from her part.
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5. Annexure-A3 is the compromise agreement filed
before the Family Court, Kollam, in O.P. No.1154/2021, which was
instituted by the defacto complainant against the petitioners herein, for
realisation of money and return of gold ornaments. As per the terms
and conditions of the aforesaid compromise agreement, the 1 st
petitioner herein had executed Annexure-A4 settlement deed,
transferring his one half right over an extent of 5.87 Ares of land and
the building situated therein comprised in Re-Sy.No.472/2016 of
Chirakkara Village. It is also seen from Annexure-A5 common order
of the Family Court, Kollam, that the aforesaid compromise
agreement was accepted and acted upon by the said Court, by
allowing O.P. No.1154/2021 in terms of the compromise, and
dismissing O.P. No.1086/2021, which was filed by the 1 st petitioner
herein. It is apparent from the aforesaid records that all the subsisting
issues between the petitioners and the de facto complainant were
amicably settled by way of Annexure-A3 agreement, and that the
defacto complainant had availed the benefits of the aforesaid
agreement. Paragraph 5 of Annexure-A3 would reveal that the
defacto complainant had unequivocally agreed for the termination of
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the prosecution proceedings initiated against the petitioners in Crime
No.610/2021 of Paravoor Police Station, which gave rise to CC
No.480/2021 on the files of the Judicial First Class Magistrate Court,
Paravoor.
6. In that view of the matter, there is absolutely no
justification for the defacto complainant to retract from her earlier
commitment, to wind up the criminal prosecution against the
petitioners as part of the terms and conditions of the compromise
agreement signed and presented before the Family Court, Kollam.
Needless to say that the prayer in this petition to quash the
proceedings against the petitioners, is fully justified.
In the result, the petition stands allowed. The proceedings
against the petitioners (accused1 & 2) in C.C No.480/2021 on the files
of the Judicial First Class Magistrate Court, Paravoor, which arose out
of Crime No.610/2021 of Paravoor Police Station, are hereby quashed.
Sd/-G.GIRISH
JUDGE
ma/08.07.2025
/True copy/
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PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR DATED
10.08.2021 IN CRIME NO.610/2021 OF
PARAVOOR POLICE STATION
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.610/2021 OF PARAVOOR POLICE
STATION
Annexure3 TRUE COPY OF THE SETTLEMENT AGREEMENT
DATED 26.03.2022 EXECUTED BETWEEN THE
3RD RESPONDENT AS THE 1ST PARTY AND THE
PETITIONERS AS THE 2ND PARTY IN OP
NO.1154/2021 ON THE FILES OF THE FAMILY
COURT, KOLLAM
Annexure A4 TRUE COPY OF THE SETTLEMENT DEED DATED
12.04.2022 BEARING NO.1096/1/2022 OF
CHATHANNUR SRO EXECUTED BY THE 1ST
PETITIONER IN FAVOUR OF THE 3RD
RESPONDENT
Annexure A5 TRUE COPY OF THE COMMON ORDER DATED
13.05.2022 IN O P (HMA) NO.1086/2021
AND O P (OTHERS) NO.1154/2021 ON THE
FILES OF THE FAMILY COURT, KOLLAM
