[Cites 6, Cited by 0]
Kerala High Court
Krishnankutty vs State Of Kerala on 4 February, 2026
2026:KER:9536
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947
CRL.MC NO.3144 OF 2020
CRIME NO.924/2019 OF MARAYAMUTTAM POLICE STATION,
THIRUVANANTHAPURAM
IN CC NO.1872 OF 2017 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT - III, NEYYATTINKARA
PETITIONERS/ACCUSED NOS.1 TO 4 IN CRIME NO.924/2019 &
A1 TO A3 IN C.C.NO.1872/2017:
1 KRISHNANKUTTY
AGED 54 YEARS, S/O.SANKARA PILLAI, KP NIVAS,
KOVILUVILA, MYLACHAL, DALUMUGHOM P.O.,
KEEZHAROOR VILLAGE, KATTAKKADA TALUK,
THIRUVANANTHAPURAM - 695 125.
2 PADMAKUMARI,
W/O.KRISHNANKUTTY, KP NIVAS, KOVILUVILA,
MYLACHAL, DALUMUGHOM P.O., KEEZHAROOR VILLAGE,
KATTAKKADA TALUK, THIRUVANANTHAPURAM - 695 125.
3 RATHEESH R.G.,
AGED 36 YEARS, S/O.RAVEENDRAN NAIR,
PADMAVILASOM, THOLADY, KUNNATHUKAL VILLAGE,
KARAKONAM P.O., NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM - 695 504.
4 SANTHOSH @ KANNAN,
AGED 44 YEARS, HUSBAND OF PREETHAKUMARI,
SIVASAKTHI MANDIRAM, PERUMKADAVILA VILLAGE,
PAZHAMALA, PERUMKADAVILA P.O., NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM - 695 124.
2026:KER:9536
Crl.M.C.No.3144 of 2020
-2-
BY ADVS.
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH
RESPONDENTS/STATE/DEFACTO COMPLAINANT & OTHERS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 GOPINATHAN NAIR,
KG NIVAS, VARATTAYAM, KOTTAKKAL DESOM,
ANAVOOR VILLAGE, KOTTAKKAL P.O.,
THIRUVANANTHAPURAM - 695 124.
3 K.G.GOKUL,
S/O.GOPINATHAN NAIR, KG NIVAS,
VARATTAYAM, KOTTAKKAL DESOM, ANAVOOR VILLAGE,
KOTTAKKAL P.O., THIRUVANANTHAPURAM - 695 124.
4 SHAFEEK AHAMED,
DEPUTY INSPECTOR GENERAL,
POLICE HEADQUARTERS, VAZHUTHACAUD P.O.,
THIRUVANANTHAPURAM - 695 014
5 B.ASOKAN, IPS,
DISTRICT POLICE CHIEF, UNIVERSITY OF KERALA,
SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM - 695 033.
BY ADV.
SRI.MILLU DANDAPANI
SRI SUDHEER G., PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
04.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2026:KER:9536
Crl.M.C.No.3144 of 2020
-3-
G. GIRISH, J.
------------------------------
Crl.M.C.No.3144 of 2020
--------------------------------------
Dated this the 4th day of February, 2026
ORDER
Accused Nos.1 to 3 in C.C.No.1872 2017 on the files of the
Judicial First Class Magistrate Court - III, Neyyattinkara, have filed
this petition under Section 482 Cr.P.C., to quash the proceedings
against them in the aforesaid case. The offences alleged against
them are under Sections 451, 323, 427 and 506 IPC read with
Section 34 IPC.
2. The issues which gave rise to the aforesaid offences
were the offshoot of a matrimonial discord between the son of the
defacto complainant and the daughter of accused Nos.1 and 2. The
above matrimonial issue between the couple, were amicably settled
in mediation, pursuant to the reference of the case for mediation by
a Division Bench of this Court in Mat.Appeal Nos.351 & 370 of 2019.
As per condition (xi) of the terms of agreement signed by the parties
in the above mediation, it was agreed that the present case as well
as two other cases, which arose out of the matrimonial issues
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between the parties, are to be compounded or withdrawn. The 2nd
respondent / defacto complainant has filed a copy of the above
Mediation Agreement. As condition No.(xi) of the above agreement,
the parties have resolved to compound or withdraw the cases
mentioned thereunder which include C.C.No.1872 of 2017 on the
files of Judicial First Class Magistrate Court - III, Neyyattinkara.
3. The learned Public Prosecutor, upon instructions,
submitted that the defacto complainant / 2nd respondent had given a
statement to the Investigating Officer also to the effect that the
issue has been amicably settled between the parties, and that he is
not interested in the further prosecution of this case.
4. It is apparent from the above facts and circumstances of
the case that the private issue between the parties, which gave rise
to the present crime, has been amicably settled between them in
mediation. Hence, the termination of the prosecution proceedings
against the petitioners is highly necessary to preserve the cordial
relationship between the parties. In the above circumstances, the
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prayer of the petitioners to quash the proceedings against them, has
to be allowed.
In the result, the petition stands allowed. The proceedings
against the petitioners / accused Nos.1 to 3 in C.C.No.1872 2017 on
the files of the Judicial First Class Magistrate Court - III,
Neyyattinkara, which arose out of Crime No.924 of 2019 of the
Marayamuttam Police Station, Thiruvananthapuram, are hereby
quashed.
Sd/-
G. GIRISH
JUDGE
ded/04.02.2026
2026:KER:9536
APPENDIX OF CRL.MC NO. 3144 OF 2020
RESPONDENT ANNEXURES
Annexure A1 A TRUE COPY OF THE MEDIATION AGREEMENT DATED
21.07.23 ENTERED BETWEEN THE PARTIES.
PETITIONER ANNEXURES
ANNEXURE I CERTIFIED COPY OF F.I.R DATED 20.12.2019 IN
CRIME NO.924/2019 OF MARAYAMUTTOM POLICE
STATION.
ANNEXURE II TRUE COPY OF COMPLAINT DATED 15.12.2016 IN
C.C.NO.1872/2017 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-III, NEYYATTINKARA.
ANNEXURE III THE COPY OF REPORT DATED 13.4.2019 BY
DY.S.P., NEYYATTINKARA.
ANNEXURE V TRUE COPY OF REPORT DATED 03.02.2020 BY SUB
INSPECTOR OF MARAYAMUTTOM POLICE STATION.
ANNEXURE VI TRUE COPY OF REPORT DATED 12.02.2020 BY 5TH
RESPONDENT TO THE GROUP COMMANDER OF NATIONAL
SECURITY GUARD OF NEW DELHI.
ANNEXURE IV TRUE COPY OF FORWARDING LETTER DATED
01.08.2019 BY DISTRICT POLICE CHIEF BY WHICH
THE REPORT WAS FORWARDED TO STAFF OF NATIONAL
SECURITY GUARD.
