Allowed

Sojo v. State of Kerala

Kerala HC23 Nov 2015Crl.MC/5965/2015

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition. Quashing all further proceedings against the petitioner in a criminal trial court matter arising from a dispute between brothers-in-law in which an affidavit of settlement by the de facto complainant was filed.

What did the court decide?

Quashed all further proceedings against the petitioner in CC No.982/2015 of the Judicial First Class Magistrate's Court, Njarakkal.

Sojo Vs State of Kerala — Quashing and FIR | Kerala HC (2015)

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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 B.KEMAL PASHA

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MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937

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Crl.MC.No. 5965 of 2015

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CC 982/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL CRIME NO. 161/2015 OF MUNAMBOM POLICE STATION, ERNAKULAM

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PETITIONER(S)/ACCUSED:

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--------------------------------------

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SOJO, AGED 36 YEARS, S/O.JOSEPH, KAITHARAN HOUSE, CHERAI, ERNAKULAM DISTRICT.

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BY ADV. SRI.MANSOOR.B.H.

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RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:

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----------------------------------------------------------------------------

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031 (THROUGH STATION HOUSE OFFICER, MUNAMBOM POLICE STATION, ERNAKULAM DISTRICT)

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2. JUSTIN, S/O.JOHNY,

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AGED 35 YEARS, THACHIL VEEDU, N.KUTHIATHODU, PUTHENVELIKARA, ERNAKULAM DISTRICT - 682 316.

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R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SRI.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 5965 of 2015

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNX.A - CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.161/2015 OF MUNAMBOM POLICE STATION.

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ANNX.B: AFFIDAVIT OF SETTLEMENT FILED BY THE DEFACTO COMPLAINANT/SECOND RESPONDENT.

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RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

B. KEMAL PASHA, J.

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Crl.M.C. No.5965 of 2015 B

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Dated this the 23^rd day of November, 2015

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~ ~ ~ ~ ~ ~

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Petitioner is the accused in CC No.982/2015 of

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the Judicial First Class Magistrate's Court, Njarakkal, which has arisen from Crime No.161/2015 of Munambom Police Station for the offences punishable under Sections 323, 324 and 326 IPC.

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It seems that the matter has been amicably settled between the petitioner and the de facto complainant, who is the 2^nd respondent herein. Petitioner is the brotherin-law of the de facto complainant. Presently, all the disputes between the de facto complainant and his wife, who is the sister of the petitioner, have been settled and they are residing together.

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The 2^nd respondent has filed Annexure-B affidavit

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affirming that the matter has been amicably settled between

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Crl.M.C.5965/2015

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: 2 :

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him and the petitioner and presently, he has no complaints against the petitioner. No criminal antecedents have been reported against the petitioner. Considering the close relationship between the parties, this Court is of the view that it is not feasible to proceed with the matter further. Matters being so, all further proceedings against the petitioner in CC No.982/2015 of the Judicial First Class Magistrate's Court, Njarakkal, which has arisen from Crime No.161/2015 of Munambom Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.982/2015 of the Judicial First Class Magistrate's Court, Njarakkal, which has arisen from Crime No.161/2015 of Munambom Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/23/11

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// True Copy //

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PA to Judge

Sojo v. State of Kerala

Case brief

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Sojo v. State of Kerala

Case brief

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