IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
ARATHY ASOKAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9383 OF 2025
| Table of Content |
|---|
| 1. overview of the case and parties involved. (Para 1) |
| 2. arguments presented regarding mediation and the need for quashing. (Para 2 , 3) |
| 3. court's observation on mediation and proceedings. (Para 4) |
O R D E R Dated this the 17th day of December, 2025 Petitioner is the accused in CC. No.318/2024 of Judicial First Class Magistrate Court, Thripunithura arising out of Crime No.265/2024 of Udayamperoor Police Station. The offences alleged against the petitioner are under Sections 341 and 323 of IPC .
2. According to the learned counsel for the petitioner, the entire dispute between the parties were settled as per Annexure-A5 compromise entered into between the parties before the Ernakulam Mediation Centre. Therefore, she prayed for quashing all further proceedings against the petitioner.
3. The learned counsel for the 3rd respondent submitted that a counter case against the 3rd respondent is pending and she seeks time for filing a Criminal Miscellaneous Case (Criminal) to quash the above case also.
4. Though Annexure A5 was passed as early as in October, 2024, so far the 3rd respondent has not filed any petition to quash the case as against her. Therefore, as argued by the learned counsel for the petitioner, non- fling of the Criminal M.C. by the 3rd respondent is not a ground for continuing the case pending against the petitioner. Since the entire disputes between the parties were already settled as per Annexure A5 mediation agreement, this Criminal M.C. is liable to be allowed and all further proceedings against the petitioner is liable to be quashed.
In the result, this Criminal M.C is allowed. All further proceedings against the petitioner in CC.No.318/2024 of Judicial First Class Magistrate Court, Thripunithura, arising out of Crime No.265/2024 of Udayamperoor Police Station, stands quashed. It is made clear that in case the 3rd respondent files appropriate application to quash the case as against her in pursuance to Exhibit P5 mediation agreement, the same will be considered at the relevant time.
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