IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(Crl.).No. 355 of 2011(S) --------------------------- PETITIONER(S): --------------- JASHIM, S/O.KALEETH, AGED 33, MAMMASRAILLATH HOUSE, MECHERYPADY, VENKIDANGU.P.O., THRISSUR, PIN-680 510. BY ADV. SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE (RURAL), AYYANTHOLE, THRISSUR, PIN-680 001. 2. THE CIRCLE INSPECTOR OF POLICE, GURUVAYOOR, PIN-680 101. 3. THANOOJA, D/O.SHARUFUDEEN, KONGANAMVEETTIL HOUSE, "NOOR MANZIL",POOVATHUR.P.O PIN-680 508, NOW RESIDING AT VILLA NO.16, C/O.TRUTH RENT A CAR AND REAL ESTATE, 54-ROWDAT BU HIRZ STREET, BU HAMOUR, P.O.BOX NO.35466 DOHA, QATAR. 4. NOOR JAHAN, W/O.SHARAFUDEEN, KONGANAM VEETIL HOUSE, "NOOR MANZIL", POOVATHUR P.O., PIN-680 508, NOW RESIDING AT KODAPARAMBIL HOUSE, PANDARAKADDU DESOM, ELAVALLY.P.O., PIN-680 511. 5. SHARAFUDEEN, KONGANAM VEETIL HOUSE, "NOOR MANZIL", POOVATHUR.P.O., PIN-680 508. 6. ABDUL SAMAD, S/O.ABDUL RASHEED, CHULLIYIL HOUSE, ANJOOR DESOM, MUTHUVAMMAL, KOCHANNUR.P.O., PIN-679 562. R1, R2 BY GOVT. PLEADER SRI.P.K.BABU R3 TO R5 BY ADV.SRI.S.NIRMAL KUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(CRL).355/11 PETITIONER'S EXHIBITS: EXT.P1:TRUE COPY OF JUDGMENT IN W.P(CRL).549/09 DATED 17.12.09. EXT.P2: TRUE COPY OF AGREEMENT DATED 16.5.2011 BETWEEN THE PETITIONER AND 3RD RESPONDENT. EXT.P3: TRUE COPY OF COMPROMISE PETITION DATED 18.6.11 BEFORE THE FAMILY COURT. EXT.P4: TRUE COPY OF ORDER IN GOP NO.889/09 DATED 18.6.2011. EXT.P5: TRUE COPY OF THE CRIMINAL COMPLAINT DATED 30.6.2011 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD. EXT.P6: TRUE COPY OF FIR IN CR.NO.442/11 JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD. EXT.P7: TRUE COPY OF CERTIFICATE DATED 19.7.2011 ISSUED BY THE PRINCIPAL OF SIR SYED ENGLISH SCHOOL. EXT.P8: TRUE COPY OF PETITION I.A.NO.4534/11 DATED 12.7.11 FILED BY PETITIONER BEFORE THE FAMILY COURT. EXT.P9: TRUE COPY OF PETITION I.A.NO.4532/11 DATED 12.7.11 FILED BY PETITIONER BEFORE THE FAMILY COURT. EXT.P10: TRUE COPY OF PETITION I.A.NO.4531/11 DATED 12.7.11 FILED BY PETITIONER BEFORE THE FAMILY COURT. EXT.P11: TRUE COPY OF AFFIDAVIT IN GOP.889/11 DATED 12.7.11 FILED BY PETITIONER BEFORE THE FAMILY COURT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(Crl.).No.355 OF 2011 ------------------------------------ Dated this the 2nd day of August, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. 1.Following notice, respondents 3, 5 and 6 are present before us with the minor child in relation to whom this writ petition is filed. A counter affidavit is placed on record by the third respondent who is the divorced wife of the petitioner. She has the child with her. Her mother, the 4th respondent, and her brother, the 6th respondent, are present. The 5th respondent father is reportedly abroad. 2.The crux of the issue revolves around Ext.P4 compromise decree and allegations and counter allegations as to its compliance. We also record the apprehension expressed by the third respondent that there is serious challenge to her life and liberty and she faces threat. Under the aforesaid circumstances, we record the production of the minor child WPCR.355/11 2 and direct the parties to mark their appearance before the Family Court, Thrissur on 3.8.2011 at 12 Noon, so that the Family Court can issue appropriate orders on the basis of Ext.P4. 3.We also record the anxiety expressed by the third respondent that she needs to go back to Quatar where she has recently got an employment. We are sure that the learned Judge of the Family Court will take into consideration all relevant aspects of the matter. 4.The District Police Chiefs of Ernakulam and Thrissur will ensure that any request by the party respondents or the petitioner for protection to life, either for them or for the minor, gets appropriate attention at the competent level. The writ petition is ordered accordingly. The petitioner is directed to place a copy of this writ petition and a copy of WPCR.355/11 3 this order before the Judge of the Family Court, Thrissur by 10.30 AM tomorrow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.2/8.