IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944 OP(CRL.) NO. 390 OF 2020 AGAINST THE ORDER IN MC 38/2018 OF JMFC, KALAMASSERY PETITIONER:

MATHEW DANIEL AGED 69 YEARS S/O. DANIEL, RESIDING AT CHAKKATTIL HOUSE, GCRA CROSS ROAD 18, CHANGAMPUZHA NAGAR, KOCHI-682 033 BY ADVS.

SREELAL N.WARRIER SRI.BIJU MATHEW RESPONDENT:

LEENA MATHEW, AGED 65 YEARS, W/O. MATHEW DANIEL, RESIDING AT KOCHOKKAN HOUSE, KESHAVANPADY, THIRUVANKULAM P.O.-682 305 BY ADV SIKHA G.NAIR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON

8.06.2022, THE COURT ON 16.08.2022 DELIVERED THE FOLLOWING:

“C.R.”

J U D G M E N T Dated this the 16th day of August, 2022 This original petition has been filed to quash Ext.P3 order passed by the Judicial First-Class Magistrate Court, Kalamassery (for short, ‘the court below) in MC No.38/2018 pursuant to the settlement arrived at in mediation.

2. The petitioner is the husband of the respondent. The respondent filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, the DV Act) against the petitioner claiming various reliefs under Secti