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2025 Supreme(Online)(Ker) 27176
IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
TINTU BIJU – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10573 OF 2024 | CRIME NO.1231/2023
For the Appellants/Petitioners: SHRI.B.SURJITH, SMT.RAHANA JOSE, SHRI.LIJO JOSEPH, SMT.AKSHAYA REGHU
For the Respondents: PUBLIC PROSECUTOR
The court emphasized that amicable settlements reached in mediation can warrant the quashing of criminal proceedings in domestic disputes.
Headnote:(A) Indian Penal Code, 1860 - Sections 341, 323, 34 - Protection of Women from Domestic Violence Act, 2005 - Allegations of criminal trespass and voluntary hurt - The petitioners contended innocence and claimed a false case was filed against them, highlighting a prior mediation settlement between parties. (Paras 2, 3, 5)
(B) Criminal Procedure - Quashing of FIR - The court found that the criminal prosecution was unwarranted due to the amicable settlement reached in mediation, warranting quashing of the FIR and related proceedings against the petitioners. (Paras 4, 6)
Facts of the case:
The petitioners were accused of trespassing and assaulting the de facto complainant's family, who had previously been involved in a domestic violence case against them, which was settled amicably.
Findings of Court:
The court found that since all domestic issues were settled through mediation, the continuation of the criminal prosecution was unnecessary.
Issues: Whether the FIR was justified given the previous mediation settlement.
Ratio Decidendi: The court ruled that the prosecution should be terminated due to the settlement, emphasizing the importance of mediation outcomes in domestic disputes.
Result: The FIR and all proceedings were quashed.
| Table of Content |
|---|
| 1. allegations of criminal trespass and voluntary hurt. (Para 1 , 2 , 3) |
| 2. discussion on the prior mediation and its impact on the case. (Para 4 , 5) |
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TH THURSDAY, THE 10 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
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:
O R D E R
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, 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 petitione
