Allowed

Jayamohan v. Fr. Dr. Abraham Thalothil

Kerala HC20 May 2014Crl.MC/1744/2014

Case brief

AI extract

What is this about?

High Court of Kerala allowed a Criminal Miscellaneous petition to quash the FIR against the petitioner, an accused under Sections 153A, 427, and 295 IPC, based on a settlement affidavit and finding of settlement, dismissing pending interlocutory applications.

What did the court decide?

The petition is allowed. The FIR in Crime No.2168 of 2013 Sasthamcotta Police Station is quashed. All pending interlocutory applications are dismissed.

Jayamohan Vs Fr. Dr. Abraham Thalothil — Quashing and FIR | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.HARIPRASAD

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TUESDAY, THE 20TH DAY OF MAY 2014/30TH VAISAKHA, 1936

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Crl.MC.No. 1744 of 2014 ()

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CRIME NO. 2168/2013 OF SASTHAMCOTTA POLICE STATION , KOLLAM

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PETITIONER(S)/PETITIONER/ACCUSED:

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JAYAMOHAN

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S/O MOHANAN PILLAI, CHARUVILA THEKKETHIL VEEDU KADAPPA WARD, MYNAGAPPALLY

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BY ADVS.SRI. RAJA VIJAYARAGHAVAN SRI.M.T.SURESHKUMAR

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RESPONDENT(S)/DEFACTO COMPLAINANT & STATE:

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FR. DR. ABRAHAM THALOTHIL, AGED 52 YEARS S/O.A.GEORGE, THALOTHIL KIZHAKKETHIL VEEDU KODUVILA MURIYIL, KIZHAKKE KALLADA VILLAGE MYNAGAPPALLY ST. THOMAS MALANKARA CHATHOLIC CHURCH

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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R1 BY ADV. SRI.ALEX N.MATHEW (KOLLAM)

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R2 BY PUBLIC PROSECUTOR SHRI C.K.JAYAKUMAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1744 of 2014 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE 1 : TRUE COPY OF THE FIR DATED 25.12.2013 IN CRIME NO.2168/2013 AT THE SASTHAMKOTTAH POLICE STATION

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RESPONDENT(S)' EXHIBITS: NIL

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//TRUE COPY//

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A.HARIPRASAD, J.

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Crl.M.C. No.1744 of 2014

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Dated this the 20^th day of May, 2014.

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ORDER

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Petitioner is the accused in Crime No.2168 of 2013 of Sasthamcotta Police Station registered under Sections 153A, 427 and 295 of the Indian Penal Code. Allegations against the petitioner, in short, is that on 25.12.2013 at about 2'o clock in the night, the idols kept in a Chapel were damaged by some miscreants. The Priest attached to the concerned Church filed Annexure-1 FIR before Police. On the basis of that the crime was registered.

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Heard the learned counsel for the petitioner/accused and the learned counsel for the 1^st respondent/defacto complainant. Learned Public Prosecutor is also heard.

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Learned counsel for the petitioner submitted that the petitioner is totally innocent of all the allegations and the defacto complainant is convinced of the innocence of the petitioner. The defacto complainant himself sworn to an affidavit stating that he has no subsisting grievance against the petitioner and he has no objection in quashing the complaint against the petitioner. Learned Public Prosecutor submitted that there is no bad antecedents reported about the petitioner. Considering the

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Crl.MC No.1744/2014

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averments in the affidavit and the factum of settlement, I am of the view that further prosecution will yield no result.

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In the result, the petition is allowed. Annexure-1 FIR in Crime

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No.2168 of 2013 of Sasthamcotta Police Station is hereby quashed.

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All pending interlocutory applications will stand dismissed.

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A. HARIPRASAD, JUDGE.

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cks

Jayamohan v. Fr. Dr. Abraham Thalothil

Case brief

What is this about?

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Jayamohan v. Fr. Dr. Abraham Thalothil

Case brief

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