Mithun George, Leela George, Sunil Kumar and Shibu P George v. State of Kerala and Grace Shibu

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 08TH DAY OF JULY 2019 / 17TH ASHADHA, 1941** ## **Crl.MC.No.4713 of 2019** **CRIME NO.1405/2018 OF ADOOR POLICE STATION , PATHANAMTHITTA** ## **PETITIONERS/ACCUSED** |**1**|**MITHUN GEORGE,**| |---|---| ||**AGED 44 YEARS**| ||**S/O LATE GEORGE V PAUL, COSY COTTAGE,**| ||**SOUTH PERUVARAM, NORTH PARAVUR, KOTTUVALLY VILLAGE,**| ||**PARAVUR TALUK, ERNAKULAM-683 513.**| |**2**|**LEELA GEORGE,**| ||**AGED 65 YEARS**| ||**W/O LATE GEORGE V PAUL, COSY COTTAGE, SOUTH**| ||**PERUVARAM, NORTH PARAVUR, KOTTUVALLY VILLAGE, PARAVUR**| ||**TALUK, ERNAKULAM-683 513.**| |**3**|**SUNIL KUMAR,**| ||**AGED 45 YEARS**| ||**S/O VENUGOPAL, “ROHINI”, VELUTHECKAL HOUSE,**| ||**KARUMALORR VILLAGE, PARAVUR TALUK,**| ||**ERNAKULAM-683 511**| |**4**|**SHIBU P GEORGE,**| ||**AGED 50 YEARS**| ||**POIKAYIL KRIPA BHAVAN, KADAMPANAD P.O.**| ||**ADOOR, PATHANAMTHITTA**| ||**BY ADVS.**| ||**SRI.V.JOHN SEBASTIAN RALPH**| ||**KUM. KEERTHANA SUDEV**| ||**SHRI. RALPH RETI JOHN**| ||**SHRI.VISHNU CHANDRAN**| ||**SRI.V.JOHN THOMAS**| ## **RESPONDENT/COMPLAINANT** |**1**|**STATE OF KERALA,**| |---|---| ||**REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,**| ||**COCHIN, 682 031.**| |**2**|**GRACE SHIBU**| ||**AGED 42 YEARS**| ||**W/O SHIBU GEORGE, POIKAYIL KRIPA BHAVAN,**| Crl.M.C.No.4713 of 2019 & B.A.No.5541 of 2018 2 # **KADAMPANAD NORTH, KADAMPANAD P.O. PATHANAMTHITTA-690 520.** **BY ADV. SRI.K.J.JOSEPH (ERNAKULAM)FOR R2** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.07.2019, ALONG WITH Bail Appl..5541/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.No.4713 of 2019 & B.A.No.5541 of 2018 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 08TH DAY OF JULY 2019 / 17TH ASHADHA, 1941 Bail Appl..No.5541 of 2018** **CRIME NO.1405/2018 OF ADOOR POLICE STATION , PATHANAMTHITTA** ## **PETITIONER/ACCUSED (A1)** **MITHUN GEORGE AGED 43 YEARS S/O.LATE GEORGE.V.PAUL, COSY COTTAGE, SOUTH PERUVARAM, NORTH PARAVUR, KOTTUVALLY VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT - 683 513.** **BY ADVS. SRI.BIMAL PRASAD SMT.P.V.DENCY SRI.K.J.JOSEPH (ERNAKULAM) SRI.V.JOHN SEBASTIAN RALPH SRI.V.JOHN THOMAS** ## **RESPONDENT/COMPLAINANT:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY INSPECTOR OF POLICE,**| ||**ADOOR POLICE STATION, PATHANAMTHITTA**| ||**THROUGH THE PUBLIC PROSECUTOR,**| ||**HIGH COURT OF KERALA**| ||**ERNAKULAM-682 031.**| |**2**|**ADDL.R2.GRACE SAMUEL**| ||**AGED 42 YEARS**| ||**W/O.SHIBU GEORGE, RESIDING AT POYKAYIL**| Crl.M.C.No.4713 of 2019 & B.A.No.5541 of 2018 4 **KRIPABHAVANAM, KADAMBANAD P.O., PATHANAMTHITTA DISTRICT. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 13.11.2018 IN CRL.M.A.2/2018.)** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR , SRI.T.P.PRADEEP FOR ADDL.R2** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2019, ALONG WITH Crl.MC.4713/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.No.4713 of 2019 & B.A.No.5541 of 2018 5 ## **ALEXANDER THOMAS, J.** ## **=========================== Crl.M.C.No.4713 of 2019 & B.A.No.5541 of 2018** **===========================** Dated this the 08[th] day of July, 2019 ## **ORDER** The above Crl.Miscellaneous case seeks quashment of the impugned criminal proceedings in respect of Crime No.1405/2018 of Adoor Police Station on the ground of the settlement between the petitioner/accused and the lady de facto complainant involved in this case. Whereas, bail application B.A.No.5541/2018 is filed by the very same accused seeking grant of anticipatory bail, in respect of the very same crime. Hence, both these matters are disposed of on the basis of this common order. ## **Crl.M.C.No.4713 of 2019** The four petitioners herein have been arrayed as accused 1 to 4 in Annexure-1 Crime No.1405/2018 of Adoor Police Station, which has been registered for offence punishable under Secs.420, 354, 354B, 509, 506 and 34 of the IPC and under Secs.66(E), 67 & 67A of the Information Crl.M.C.No.4713 of 2019 & B.A.No.5541 of 2018 6 Technology Act, 2000, on the basis of the complaint/FI Statement given by the 2[nd] respondent lady de facto complainant in this case. 2. In view of the submissions made by both sides in the abovesaid B.A.No.5541/2018, this Court had referred both the parties to the Mediation Centre attached to this Court, for mediatory efforts. Now it is submitted by the learned counsel for the petitioner and the learned Advocate appearing for the 2[nd] respondent that both parties have entered into a mediation agreement and the mediation process has become successful. The mediation centre has made available the Memorandum of Mediation Settlement Agreement dated 01.07.2019 and the Mediator has also reported that the mediation process has become successful. A copy of the abovesaid mediation agreement has also been produced as Annexure-2 in the abovesaid Crl.M.C, which reads as follows: ## **“Memorandum of Agreement under Section 89 of the Code of Civil Procedure read with Rule 24 of the Civil Procedure (Alternative Dispute Resolution), Rules 2008** The above case was referred to mediation vide orders of this hon'ble court. The parties and counsel were present for several joint and individual sessions. They have now resolved all their disputes on the following terms: 1. The parties agree that there are a number of litigations between the petitioner Mithun George and the respondent Grace Shibu in various courts, and they agree that the above Bail Application No.5541/2018 is filed before this hon'ble court against the Crime No.1405/2018 initiated against the petitioner by the Adoor Police Station. Crl.M.C.No.4713 of 2019 & B.A.No.5541 of 2018 7 2. The parties also agree that the petitioner Mithun George has filed O.S.456/17 against the respondent Grace Shibu before Munsiff's Court, N.Paravur, that the respondent Grace Shibu has filed O.S.30/19 against the petitioner Mithun George before Sub Court, Pathanamthitta, and that both cases are pending before the respective courts. 3. Now in mediation, the parties have agreed to settle all disputes and claims between them by the petitioner Mithun George agreeing to pay Rs.15 lakhs (which was allegedly given to him to start a partnership firm) to the respondent Grace Shibu, for which he has taken Demand Draft dated 26-06-2019 for Rs.15 lakhs in the name of Grace Shibu, drawn on Federal Bank North Paravur branch. 4. The respondent Grace Shibu has acknowledged and accepted the same today in the presence of their respective counsel agreeing that this amount is received in settlement of all disputes between them. 5. The parties have agreed that hereafter they have no claims whatsoever against each other nor any disputes between them and undertake not to malign each other in any manner in future. 6. The petitioner undertakes to withdraw the O.S.456/17 filed by him before the Munsiff's Court N.Paravur and the respondent undertakes to withdraw the O.S.30/19 filed by her before the Sub Court, Pathanamthitta. 7. The respondent Grace Shibu also undertakes to file appropriate affidavit or statement before this court or authorities concerned to quash the Crime No.1405/18 pending before the Adoor Police Station. In the above circumstances, the parties agree to request this hon'ble court to dispose of the above Bail Application recording the above settlement.” 3. Now the learned Advocate appearing for the petitioner/accused and the learned Advocate appearing for the 2[nd] respondent lady de facto complainant would submit that this Court may record the terms and Crl.M.C.No.4713 of 2019 & B.A.No.5541 of 2018 8 conditions of the abovesaid settlement and may quash the impugned criminal proceedings on the ground of settlement between the parties, since the disputes had mainly arisen on account of personal transaction between parties. The learned Public Prosecutor has also no serious objection in the grant of plea for quashment of the impugned criminal proceedings on the ground of settlement. 4. In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in _**Gian Singh** v._ _**State of**_ Crl.M.C.No.4713 of 2019 & B.A.No.5541 of 2018 9 _**Punjab**_ reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and _**Narinder Singh and others v. State of Punjab and anr**_ . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment. 5. Accordingly, it is ordered that the impugned Annexure-1 Crime No.1405/2018 of Adoor Police Station registered against the petitioners and all further proceedings taken in pursuance thereof against the petitioners/accused will stand quashed. 6. The petitioners will produce certified copies of this order to the Investigating Officer concerned and before the Judicial First Class Magistrate Court, Adoor, for necessary information. Office of Advocate General will forward copy of this order to the Investigating Officer concerned, for necessary information. With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of. ## **B.A.No.5541 of 2018** Sri.Bimal Prasad, learned counsel appearing for the petitioner (A-1) would submit that the plea for anticipatory bail made in B.A.No.5541/2018 in relation to Crime No.1405/2018 of Adoor Police Station has become Crl.M.C.No.4713 of 2019 & B.A.No.5541 of 2018 10 infructuous inasmuch as the said impugned criminal proceedings has already been quashed by this Court in the order rendered today in the abovementioned Crl.M.C.No.4713/2019. 2. Learned Public Prosecutor appearing for respondent-State and the learned Advocate appearing for the 2[nd] respondent lady de facto complainant would concur the abovesaid factual submission made by the petitioner's counsel. Accordingly, the above bail application will stand dismissed as infructuous. ## **Sd/-** **ALEXANDER THOMAS JUDGE** vgd/11.7.19 Crl.M.C.No.4713 of 2019 & B.A.No.5541 of 2018 11 ## **APPENDIX OF Crl.MC 4713/2019** **PETITIONER'S/S EXHIBITS:** |**ANNEXURE**|**A1**|**CERTIFIED COPY OF THE FIR IN CRIME**| |---|---|---| |||**1405/2018 OF ADOOR POLICE STATION,**| |||**PATHANAMTHITTA.**| |**ANNEXURE**|**A2**|**MEMORANDUM OF AGREEMENT BETWEEN THE**| |||**PARTIES.**| |**ANNEXURE**|**3**|**AFFIDAVIT BY THE 2ND RESPONDENT**|