Kerala High Court
Rahul K vs State Of Kerala on 22 October, 2025
Tr.P(Crl) No.41/2024
1
2025:KER:78463
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
TR.P(CRL.) NO. 41 OF 2024
MC.NO.25/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
KALAMASSERY
PETITIONERS/COUNTER PETITIONERS:
1 RAHUL K
AGED 33 YEARS, S/O KANNAN,
RESIDING AT RAHUL NIVAS,
PALLICHARTHKULAMBU, PATTANCHERY P.O.
PALAKKAD, PIN - 678532
2 SHYMALA
AGED 57 YEARS, W/O KANNAN,
RESIDING AT RAHUL NIVAS,
PALLICHARTHKULAMBU, PATTANCHERY P.O.
PALAKKAD, PIN - 678532
BY ADVS.
SHRI.SREENATH VIJAYARAGHAVAN
SMT.AKHILA C.
SMT.SHRUTHI SARA JACOB
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
Tr.P(Crl) No.41/2024
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2025:KER:78463
2 CHINTHU BHARATHAN
AGED 31 YEARS, D/O LATE BHARATHAN,
RESIDING AT KARAPARANMBIL HOUSE,
SILVAMPATHY MEENAKSHIPURAM P.O.
PALAKKAD DISTRICT
NOW RESIDING AT KALLUNGAL HOUSE,
MANJUMMEL, ERNAKULAM, PIN - 683501
3 HARSHITH
AGED 4 YEARS, S/O RAHUL.,
KARAPARAMBIL HOUSE,
SILVAMPATHY MEENAKSHIPURAM P.O.
PALAKKAD DISTRICT NOW RESIDING AT
KALLUNGAL HOUSE, MANJUMMEL,
ERNAKULAM, PIN - 683501
REPRESENTED BY 2ND RESPONDENT.
BY ADVS.
SRI.D.VIMAL DEV
SHRI.GIFFIN SHALOO
OTHER PRESENT:
SR.PUBLIC PROSECUTOR-SRI.A.VIPIN NARAYAN
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 22.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Tr.P(Crl) No.41/2024
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2025:KER:78463
ORDER
Dated this the 22nd day of October, 2025
The matter is settled between the parties. The memorandum of
settlement signed by all the parties, produced in this case, is accepted. This
transfer petition is closed in the light of the memorandum of settlement. The
memorandum of settlement will form part of the judgment.
Sd/-
C. PRATHEEP KUMAR,
JUDGE
sou.
2025:KER:78463
APPENDIX OF TR.P(CRL.) 41/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE O.P. 1333/2023 IN THE
FILE OF FAMILY COURT PALAKKAD DATED
10.09.2023
Annexure A2 TRUE COPY OF THE M.C 25/2023 FILED BY THE
2ND RESPONDENT BEFORE JFCM, KALAMASSERY
DATED 26/05/2023
Annexure A3 TRUE COPY OF THE CMP 1019 /2023 IN MC
25/2023 IN THE FILE OF JFCM, KALAMASSERY
Annexure A4 THE PETITIONERS HAS FILED COUNTER IN THE
CMP ON. TRUE COPY OF THE COUNTER IN CMP
Annexure A5 TRUE COPY OF THE PETITION O.P 1283/2023
FILED BEFORE THE FAMILY COURT, PALAKKAD
DATED 06.09.2023
BEFORE ThE HONOURABLE HIGH COURT OF KERALA AT ERNAICULAM
TR.plcrn NO.41 ra024
Rahul K & Anr : Petitioners
Vs.
State of Kerala & Others Respondents
EMofIANDUM OF SETTLEMEN.T flLED UNDER SECTl FTHE
CODE OF CIVIL PROCEDURE READ WITh RULES 24 & 25 0F ThE CIVIL
pRocEDLiE (Ai=rERi\iATivE DispuTE FLEsoLUTioNi. RULEs. 2008:
The parties agiiee to settle the entire disputes as follows:-
1. The permanent custody of Minor Harshith, is agreed to be with
the Respondent/wife,
2. The Respondent wife has no objection to give temporary custody
to the lst petitioner/Husband.
3. The Respondent agrees to handover the child for visitorial right on
every Onam, Christmas and Summer Vacation. Both the parties have
agreed that the custody of the minor child in Onam, Christmas and
Summer Vacations shall be shared equally.
4. On special Occasions like marriage or death in family will be exception to
the above and the minor child shall be with the respective party where
such need arise.
Petitioners Respondent Mos. 2 & 3
1. Rahul K 2. Chinthu Bharathan
3. Harshith
(Repby2ndRespondenvch!nthuas nan)
ky2ts,hsy`T:I:I.,sgrwt&
5. The parties agree that the matrimonial relation between them have
been broken irritably and therefore to file a joint petition for divorce before
the Hon'ble Family Court, Palakkad,
6. The petitioner/Husband has filed OP No.1283/2023 seeking restitution Of
conjugal rights and OP No.1333/2023 seeking custody of the minor child
before the Family Court, Palakkad. Also the respondent wife has filed
MC No.25/2023 under Domestice Violence Act, seeking maintenance and
other reliefs pending before the jFCM Court, Kalamassery. Both the parties
have agreed to withdraw the above said cases unconditionally on the basis
Of this settlement agreement.
7. The petitioner/Husband agrees to return the following gold ornaments
to the Respondent/wife within three months from today.
1. Show chain big ( Nos,2 )
2. Small bangles ( Nos.5 )
3. Big bangles (gold) -( Nos.3 )
4. Big bangle (white gold) -( No,1 )
5. Earing -( 1 pair)
6. Bracelet -( Nos,2 )
8. In case any of the gold ornament is not available, the Respondent
agrees to give money equivalent to that within the above said period of 3
months.
Respondent NosE 2 & 3
LpeRt::ju°,nKegiv 2, Chinthu Bharathan
2. Shymala 3. Harshith
C'`^mtL|^) s/ftyrafl
(Repby2ndRespondent/Chlnthu#t?an)
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9. First respondent being State of Kerala is a formal party, hence not a
signatory to this settlement agreement.
Dated this the 7th day of February, 2025.
Petitioners Respondent Mos. 2 & 3
1. Rahul K 2. chinthu Bharathanep
2. Shymala 3. Harshith
# ( ,sq."aL.) €givtw4 (Repby2ndRespondent/Chinth#athan)
Counsel for the Petltioners
vNIorvo
Counsel forthe Respondent Mos.(2 & 3)
Adv }`'#i !q v±'J/%D:+a}wl`On ¥\'|'\anl3
Mediator
