Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941 RPFC.No.164 OF 2014 AGAINST THE ORDER/JUDGMENT IN MC 115/2012 DATED 06-10-2012 OF FAMILY COURT, IRINJALAKUDA REVISION PETITIONER/S: 1 RAGHI, AGED 28 YEARS D/O.PALAKKAL GANGADHARAN, KAKKATHURUTHY DESOM,EDATHIRUNJI VILLAGE,MUKUNDAPURAM TALUK 2 AARYA, AGED 6 YEARS MINOR, D/O.APPELLANT AND RESPONDENT, REPRESENTED BY GUARDIAN & MOTHER, RAGHI BY ADVS. SRI.P.VIJAYA BHANU (SR.) SRI.V.A.JOHNSON (VARIKKAPPALLIL) SRI.UNNI SEBASTIAN KAPPEN RESPONDENT/S: UNNIKRISHNAN, AGED 38 YEARS S/O.MADATHIPARAMBIL VEETTIL KUNCHU EZHUTHACHAN(LATE), THALOR DESOM, THRISSUR VILLAGE, MUKUNDAPURAM TALUK 680 005 R1 BY ADV. SRI.BINOY VASUDEVAN THIS REV.PETITION (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 28.10.2019, ALONG WITH Crl.MC.2693/2014, Crl.MC.535/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ::2:: &
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941 Crl.MC.No.2693 OF 2014 AGAINST THE ORDER/JUDGMENT IN CC 211/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA CRIME NO.246/2008 OF Kattoor Police Station , Thrissur PETITIONER/S:
1 UNNIKRISHNAN, AGED 42 YEARS S/O.LATE KUNJU EZHUTHASSAN, MADATHIPARAMBIL HOUSE,THALORE DESOM, THRIKKUR VILLAGE, THRISSUR DISTRICT. 2 JANAKI, AGED 68 YEARS W/O.KUNJU EZHUTHASSAN, MADATHIPARAMBIL HOUSE,THALORE DESOM, THRIKKUR VILLAGE, THRISSURDISTRICT. 3 KOCHAMMINI, AGED 58 YEARS W/O.KRISHNANKUTTY, KUNNATH HOUSE, THALORE DESOM,THRIKKUR VILLAGE, THRISSUR DISTRICT. 4 SREENIVASAN, AGED 40 YEARS S/O.KUNJU EZHUTHASSAN, MADATHIPARAMBIL HOUSE,THALORE DESOM, THRIKKUR VILLAGE, THRISSUR DISTRICT. 5 SUDHA, AGED 40 YEARS W/O.CHANDRAN, CHITTETTUPARAMBIL HOUSE,MUTHUVARA DESOM, PUZHAKKAL VILLAGE, THRISSURDISTRICT. ::3:: & 6 CHANDRAN, AGED 50 YEARS S/O.NARAYANAN, CHITTETTUPARAMBIL HOUSE,MUTHUVARA DESOM, PUZHAKKAL VILLAGE, THRISSURDISTRICT.
BY ADVS. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 THE SUB INSPECTOR OF POLICE KATTOOR POLICE STATION, KATTOOR P.O., VIA.IRINJALAKUDA, THRISSUR DISTRICT. 3 RAGHI, AGED 33 YEARS D/O.GANGADHARAN, PLAKKAL HOUSE, KAKKATHURUTHI,EDATHIRINJI, THRISSUR DISTRICT. R1, R3 BY ADV. SRI.M.REVIKRISHNAN R1 BY ADV. SRI.P.VIJAYA BHANU SR. R1 BY ADV. SRI.VIPIN NARAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.10.2019, ALONG WITH RPFC.164/2014, Crl.MC.535/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ::4:: &
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941 Crl.MC.No.535 OF 2017 AGAINST THE ORDER/JUDGMENT IN MC 101/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA CRIME NO.246/2008 OF Kattoor Police Station , Thrissur PETITIONER/S: 1 UNNIKRISHNAN, AGED 43 YEARS, MADATHIPARAMBIL HOUSE, THALORE, THRISSUR DISTRICT. 2 JANAKI, AGED 76 YEARS, W/O KUNJU EZHUTHACHAN, MADATHIPARAMBIL HOUSE, THALORE, THRISSUR DISTRICT.
3 SREENIVASAN, AGED 46 YEARS S/O KUNJU EZHUTHACHAN, MADATHIPARAMBIL HOUSE, THALORE, THRISSUR DISTRICT. 4 KOCHAMMINI, AGED 58 YEARS W/O KRISHNANKUTTY, KUNNTH HOUSE, THRIKKUR P.O., THRISSUR DISTRICT. BY ADVS. SRI.BINOY VASUDEVAN SMT.K.J.ANITHA SMT.P.G.BABITHA RESPONDENT/S: ::5:: & 1 RAGHI, D/O GANGADHARAN, PLAKKAL HOUSE, KAKKATHURUTHY, EDATHIRINJI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2 ARYA MINOR, D/O RAGHI, PLAKKAL HOUSE, KAKKATHURUTHY, EDATHIRINJI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, REP. BY HER MOTHER RAGHI. 3 THE STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.PRAISHEEL PRAKASAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.10.2019, ALONG WITH RPFC.164/2014, Crl.MC.2693/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
----------------------------- & --------------------------------- Dated this the 28th day of October, 2019.
ORDER
The prayer in R.P.(FC).No.164/2014 is as follows:
"............... to set aside the order of the Family Court, Irinjalakuda in M.C.No.115/2012 dated 06.10.2012 to the extent it declines to grant the entire claim of maintenance amount and allow Rs.4000/- and Rs.3000/- per month to the 1 st and 2nd revision petitioners respectively towards maintenance thereby allowing this Revision Petition (Family Court) with costs, so as to secure the ends of justice."
2. The prayer in Crl.M.C.No.2693/2014 is as follows:
".............. to call for the records leading to Annexure D final report and may be pleased to quash the same invoking the inherent extra ordinary jurisdiction vested under Section 482 of the Code."
3. The prayer in Crl.M.C.No.535/2017 is as follows:
".............. to call for the records in M.C.No.101/2011 on the file of the Judicial First Magistrate Court, Irinjalakuda and may be pleased to quash the same in the interest of justice invoking the extra ordinary jurisdiction vested under Section 482 of the Code of Criminal Procedure."
4. It appears that the abovesaid proceedings have arisen on
account of the disputes between the 1 st revision petitioner in R.P. (FC).No.164/2014 (Raghi) and the respondent in the said petition (Unnikrishnan), who are spouses. Now it is submitted that the entire disputes between the parties and other family members have been resolved through the mediation conducted before the mediation ::7:: & centre, Ernakulam. It is stated by the learned counsel appearing for the rival parties that pursuant to the settlement arrived at between the parties, the marital relationship between the parties had dissolved. The mediation centre, attached to this Court has also filed a memorandum of mediation settlement agreement dated 20.8.2019 signed by both sides and the learned Advocates, which reads as follows:
“MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE, R/W RULE 24 AND 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION) RULES, 2008
1. The parties hereby agree that the marriage between Unnikrishnan and Raghi had been irretrievably broken.
2. The husband will pay an amount of Rs. 5 lakhs to the
wife and daughter towards full and final settlement of past and future maintenance, compensation and all other rights and obligations. The said amount of Rs. 5 lakhs will be paid to the respondent Raghi by a demand draft dated 08/08/2019 bearing No. 661841 drawn in the State Bank of India payable to the wife at its Edathirinji Branch.
a) Out of the 5 lakhs, an amount of Rs. 3 lakhs will be deposited in a nationalized bank by the wife in the name of the minor daughter for a period of 2 years within a period of 7 days. The said amount shall be deposited in a nationalized bank in the name of the minor daughter and the wife as the guardian can withdraw the interest periodically. A copy of the fixed deposit receipt shall be handed over to the Counsel for the husband. b) The interest received by the mother/guardian shall be considered as the maintenance of the child. The fixed deposit can be withdrawn as and when it becomes mature. c) The balance amount of Rs. 2 lakhs is given to the wife. d) The wife hereby relinquishes her claims for maintenance against the husband. The R.P. (F.C.) 164/14 may be dismissed in the light of the settlement. e) Both parties hereby agree that they will not raise any claim against each other in future. ::8:: &
f) No claim will be resided (sic) by the wife and daughter against the husband for marriage expenses. An amount of Rs. 3 lakhs to be given in the name of the daughter is intended to be used for the marriage expenses of the daughter.
3. The wife hereby accepts the Judgment and decree dated Irinjalakkuda whereby the husband is granted with a decree of divorce.
4. The wife hereby agrees to withdraw Mat Appeal No.236 of 2014 preferred against O.P. No.1141 of 2012 on the files of Family Court, Irinjalakkuda accepting that there (sic) no further claims against the husband.
5. The wife hereby agrees to file affidavit in Crl. M.C. No.2693/2014 expressing her no-objection in quashing all further proceedings in C.C. No.735/09 of Judicial First Class Magistrate Court, Irinjalakkuda.
6. The wife hereby agrees to file an affidavit expressing her no objection in withdrawing M.C. No.101/2011 of Judicial First Class Magistrate Court, Irinjalakkuda.
Both parties hereby agree to comply with the terms as stated above. Dated this the 20th day of August, 2019. Sd/- Sd/- Petitioner/Wife Respondent/Husband Sd/- Sd/- Counsel for the Wife Counsel for the Respondent Sd/- Counsel for the wife in Crl. M.C. No.535/2017” The abovesaid mediation agreement not only pertains to the abovesaid three cases but also in relation to the Matrimonial Appeal which was pending before the Division Bench of this Court.
5. Accordingly, the terms and conditions of the abovesaid
mediation agreement are hereby recorded. It is also ordered that the ::9:: & impugned orders passed by the Family Court, Irinjalakuda in M.C.No.115/2012 will stand superseded by the terms and conditions of the present mediation settlement agreement. Further it is also ordered that further proceedings in M.C.No.101/2011 on the file of the Judicial First Class Magistrate Court, Irinjalakuda, which has arisen out of the DV Act proceedings and all further proceedings arising therefrom will stand quashed. Further it is also ordered that the impugned proceedings in C.C.No.735/2009 on the file of the Judicial First Class Magistrate Court, Irinjalkuda (arising out of Crime No.246/2008 of Kattur Police Station, Thrissur District) as against the accused persons and all further proceedings emanating therefrom as against all the accused persons therein will stand quashed. With these observations and directions, the above cases will stand disposed of. Sd/- ALEXANDER THOMAS, Judge. bkn/- ::10:: & APPENDIX OF Crl.MC 2693/2014 PETITIONER'S/S EXHIBITS: ANNEXURE-A: TRUE COPY OF THE O.P.NO.1185/2008 BEFORE THE FAMILY COURT, THRISSUR (RE- NUMBERED AS O.P NO.427/12 OF FAMILY COURT, IRINJALAKUDA). ANNEXURE-B TRUE COPY OF THE F.I.R IN CRIME NO.246/2008 ANNEXURE-C TRUE COPY OF THE COMMON ORDER DATED 6.10.2012 IN O.P NO.427/2012 ANNEXURE-D TRUE COPY OF THE FINAL REPORT IN FINAL REPORT IN C.C.NO.211/2008 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA. ANNEXURE-E ORIGINAL AFFIDAVIT SWORN TO BY R3 APPENDIX OF Crl.MC 535/2017 PETITIONER'S/S EXHIBITS: ANNEXURE-A TRUE COPY OF THE COMMON ORDER RENDERED BY THE FAMILY COURT, IRINJALAKKUDA IN O.P.NO.427/2012, 1141/2012 AND M.C. NO. ANNEXURE-B TRUE COPY OF THE PETITION IN M.C.NO.101/2011 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKKUDA. ANNEXURE-C TRUE COPY OF THE FINAL REPORT IN C.C.NO.735/2009 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKKUDA. ANNEXURE-D ORIGINAL AFFIDAVIT SWORN TO BY R3