Kerala High Court
Tintu Biju vs State Of Kerala on 10 July, 2025
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Crl.M.C.No.10573/2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
CRL.MC NO. 10573 OF 2024
CRIME NO.1231/2023 OF Narakkal Police Station, Ernakulam
PETITIONERS/ACCUSED NOS.1 AND 2:
1 TINTU BIJU, AGED 40 YEARS
W/O BIJU, PALLIPARAMBIL (H),
NJARAKKAL ERNAKULAM, PIN - 682505
2 ELSY, AGED 67 YEARS
W/O LATE DANIEL, PATTAPPARAMBIL (H). NEAR UDARAKKAD
TEMPLE, NJARAKKAL P.O., ERNAKULAM,, PIN - 682505
BY ADVS.
SHRI.B.SURJITH
SMT.RAHANA JOSE
SHRI.LIJO JOSEPH
SMT.AKSHAYA REGHU
RESPONDENTS/STATE/DEFACTO COMPLAINANT/INJURED:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SHINI, AGED 36 YEARS
W/O RAJESH PATTAPARAMBIL (H) NEAR UDARAKKAL TEMPLE,
NJARAKKAL, ERNAKULAM DISTRICT, NOW RESIDING AT C/O
NIBIN, BLAVATH HOUSE, KUTTIKATTU ROAD, PERUMBILLY,
NJARAKKAL P.O., ERNAKULAM, PIN - 682505
3 LILLY, W/O JAIKO KOTTAPARAMBIL HOUSE, EDAVANAKAD P.O
ERNAKULAM, PIN- 682502 EARLIER RESIDIED AT
PATTAPARAMBIL (H) NEAR UDARAKKAL TEMPLE, NJARAKKAL,
ERNAKULAM DISTRICT, PIN - 682505 NOW RESIDING AT C/O
NIBIN, BLAVATH HOUSE, KUTTIKATTU ROAD, PERUMBILLY,
NJARAKKAL P.O., ERNAKULAM
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Crl.M.C.No.10573/2024 2
4 ANN MARY, AGED 10 YEARS
D/O RAJESH, PATTAPARAMBIL (H) NEAR UDARAKKAL TEMPLE,
NJARAKKAL, ERNAKULAM DISTRICT, NOW RESIDING AT C/O
NIBIN, BLAVATH HOUSE, KUTTIKATTU ROAD, PERUMBILLY,
NJARAKKAL P.O., ERNAKULAM, REPRSENTED BY MOTHER SHINI,
PIN - 682505
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30.06.2025, THE COURT ON 10.07.2025 PASSED THE
FOLLOWING:
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Crl.M.C.No.10573/2024 3
ORDER
The petitioners are accused Nos.1 and 2 in Crime
No.1231/2023 of Njarakkal Police Station. The offence alleged against
them are under sections 341 and 323 I.P.C read with Section 34 I.P.C
and Section 31(1) of the Protection of Women from Domestic
Violence Act, 2005 (for short 'the Act').
2. The prosecution case is that, on 18.10.2023, the
petitioners, who are the sister-in-law and mother-in-law of the de
facto complainant/second respondent, criminally trespassed into her
house and inflicted voluntary hurt upon the mother and daughter of
the de facto complainant after wrongfully restraining the de facto
complainant's mother. The case has been registered by the Njarakkal
Police on 08.11.2023 on the basis of the first information statement
given by the de facto complainant.
3. In the present petition, the petitioners would contend
that they are totally innocent and that a false and baseless case has
been foisted against them. It is further stated that the second
petitioner had instituted M.C.No.10/2023 before the Judicial First
Class Magistrate Court, Njarakkal against the second respondent/de
facto complainant and her husband under the provisions of the Act,
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and that a protection order and residence order were passed in the
aforesaid proceedings against the de facto complainant and others.
It is the further contention of the petitioners that all the issues
relating to the aforesaid case are amicably settled in mediation, and
that the cases were accordingly disposed of. Thus, it is stated that
the prosecution against the petitioners herein is also liable to be
terminated in view of the above settlement of issues between the
parties.
4. Heard the learned counsel for the petitioner, the learned
counsel for the second respondent and the learned Public Prosecutor
representing the State of Kerala.
5. Annexure-A2 is the common order passed by the Judicial
First Class Magistrate court, Njarakkal in C.M.P.No.324/2023 and
325/2023 in M.C.No.10/2023 instituted by the second petitioner
herein against the de facto complainant and her mother as
respondents 2 and 3, and the son of the second petitioner as the first
respondent. As per the above order dated 15.09.2023, the
respondents in that M.C were restrained from committing domestic
violence upon the second petitioner and disturbing her peaceful living
and possession in the shared household. In the same order, the de
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facto complainant herein was given two weeks' time to make
arrangements for shifting her residence from the house where the
second petitioner herein has been residing. It is after about 23 days
from the above order that the de facto complainant preferred the
complaint before the Njarakkal Police leading to the registration of
Annexure-A1 F.I.R against the petitioners herein. The de facto
complainant had preferred appeal before the Additional Sessions
Court-III, Paravur as Crl.A.No.393/2023 against the above order in
favour of the second petitioner. The above appeal was referred for
mediation, and settled vide Annexure-A5 Memorandum of
Agreement. As per the terms and conditions of the said agreement,
the de facto complainant herein received the demand drafts for a
total amount of Rs.12,00,000/- as evidenced by Annexure-A7 receipt.
So also, it is seen from Annexure-A6 order of the Additional Sessions
Court, Paravur that Crl.A.No.393/2023 was disposed of in terms of
the above Mediation Agreement. Lateron, the Family Court,
Ernakulam, vide Annexure-A8 judgment, had dissolved the marriage
between the de facto complainant and her husband on mutual
consent between the parties. Thus, it appears that all the domestic
issues between the de facto complainant and her husband and the
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petitioners herein have been amicably settled in the mediation
conducted in Crl.A.No.393/2023 of Additional Sessions Court, Paravur,
and that the above mediation agreement was acted upon by the
parties as well as the courts concerned. In that view of the matter,
the continuance of the criminal prosecution against the petitioners
pursuant to Annexure-A1 F.I.R is totally unwarranted. Needless to
say that the prayer in this petition to quash the criminal proceedings
against the petitioners has to be allowed.
In the result, the petition stands allowed. Annexure-A1 F.I.R
registered by the Njarakkal Police in Crime No.1231/2023 and all
proceedings initiated against the petitioners pursuant to it, are
hereby quashed.
(sd/-)
G. GIRISH, JUDGE
jsr
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APPENDIX OF CRL.MC 10573/2024
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.1231/2023 OF NJARAKAL
POLICE STATION
Annexure A1A CERTIFIED COPY OF THE FIRST INFORMATION
STATEMENT IN CRIME NO.1231/2023 OF NJARAKAL
POLICE STATION
Annexure A2 TRUE COPY OF THE COMMON ORDER IN
CMP.NO.324/2023 AND CMP.NO.325/2023 IN
M.C.NO.10/2023 ON THE FILES OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, NJARAKKAL
Annexure A3 TRUE COPY OF THE ORDER DATED 29.09.2023 IN
CMP.NO.1604/2023 IN M.C.NO.10/2023 ON THE
FILES OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, NJARAKKAL
Annexure A4 TRUE COPY OF THE REPORT OF SHO NJARAKKAL,
DATED 17.10.2023
Annexure A5 TRUE COPY OF THE MEDIATION AGREEMENT DATED
08.02.2024 IN CRL.APPEAL.NO.393/2023
Annexure A6 TRUE COPY OF THE ORDER DATED 12.02.2024 IN
CRL.A.NO.393/2023 ON THE FILES OF HONOURABLE
ADDITIONAL SESSIONS JUDGE - II, NORTH PARAVUR
Annexure A7 THE RECEIPT DATED 15.03.2024, ISSUED BY THE
2ND RESPONDENT ACCEPTING THE DEMAND DRAFTS
Annexure A8 TRUE COPY OF THE JUDGMENT DATED 18.03.2024 IN
O.P.NO.288/2024 ON THE FILES OF HONOURABLE
FAMILY COURT, ERNAKULAM
Annexure A9 TRUE COPY OF THE ORDER DATED 04.11.2023 IN
Annexure A10 TRUE COPY OF THE ORDER DATED 29.10.2024 IN
CRL.M.C.NO.3120/2024 BEFORE THE HONOURABLE
COURT OF SESSION, ERNAKULAM
