Point of Law: It is settled law that in order to execute a decree, decree must be one capable of execution and terms thereof shall be sufficient to get same executed.

ORDER :

Nishith P.M, who is the appellant in Crl.Appeal Nos.87/2021, 86/2021 and 88/2021 pending before the Sessions Court, Thalassery, has filed these petitions under Section 482 of the Code of Criminal Procedure Code (hereinafter referred to as the `Cr.P.C’ for convenience). The prayer in Crl.M.C.No.2626/2022 is to quash all further proceedings in S.T.No.5/2019 on the file of the Judicial First Class Magistrate Court-II, Thalassery and in Crl.Appeal No.87/2021 on the file of the Sessions Court, Thalassery arising out of the same.

2. The prayer in Crl.M.C.No.2627/2022 is to quash all further proceedings in S.T.No.1/2019 on the file of the Judicial First Class Magistrate Court-II, Thalassery and in Crl.Appeal No.86/2021 on the file of the Sessions Court, Thalassery arising out of the same.

3. The prayer in Crl.M.C.No.2640/2022 is to quash all further proceedings in S.T.No.6/2019 on the file of the Judicial First Class Magistrate Court-II, Thalassery and in Crl.Appeal No.88/2021 on the file of the Sessions Court, Thalassery arising out of the same.

4. The respondents herein are State of Kerala as well as the original complainant and the 1st respondent in the above Crl.Appeals.

5. Heard the learned counsel for the petitioner as well as the learned counsel appearing for the 2nd respondent in detail.

6. It is argued by the learned counsel for the petitioner that in terms of Annexure-A1 mediation agreement entered into between the petitioner as well as the 2nd respondent, who were accused and complainant in C.C.No.918/2014 on the file of Judicial First Class Magistrate Court-I, Kannur, the above case was settled at the mediation Sub Centre, Kannur and a mediation agreement was entered into between the petitioner and the 2nd respondent. Since the mediation agreement entered into is under Section 89 of Code of Civil Procedure r/w Rules 24 and 25 of the Civil Procedure Alternate Dispute Resolution and Mediation Rules, 2006, the mediation agreement is an award passed under Section 21 of the Legal Services Authority Act having the trappings of a civil court decree, being deemed decree, and hence the remedy of the 2nd respondent herein is to execute the award by resorting to Order 21 of the Code of Civil Procedure Code. He also submitted that since the dispute reached finality in view of Annexure-A1 settlement, the cheques issued as part of the said settlement cannot be the basis for prosecuting the petitioner, when the said cheques were dishonoured. In order to buttress this contention, the learned counsel placed a decision of the Apex Court reported in [(2012) 2 SCC 51], K.N.Govindan Kutty Menon v. C.D.Shaji. In the said decision, the judgment rendered by this Court in W.P(C).No.33013/2009 dated 24.11.2009 reported in [2010 1 KHC 8] was challenged before the Apex Court. This Court while dealing with Section 21 of the Legal Services Authority Act, 1987 held that an award passed by the Adalat in a criminal case involving offence under Section 138 of the Negotiable Instruments Act can be treated as an order of the criminal court and it cannot be executed as a decree of a civil court. But the Apex Court after considering the impact of Section 21 of the Legal Services Authority Act, settled the following propositions :

“26. (1) In view of the unambiguous language of Section 21 of the Act, every award of the Lok Adalat shall be deemed to be a decree of a civil court and as such it is executable by that court.

(2) The Act does not make out any such distinction between the reference made by a civil court and a criminal court.

(3) There is no restriction on the power of the Lok Adalat to pass an award based on the compromise arrived at between the parties in respect of cases referred to by various courts (both civil and criminal), tribunals, Family Court, Rent Control Court, Consumer Redressal Forum, Motor Accidents Claims Tribunal and other forums of similar nature.

(4) Even if a matter is referred by a criminal court under Section 138 of the Negotiable