Allowed

Shiju Mathew v. State of Kerala

Kerala HC18 Jan 2016Crl.MC/57/2016

Case brief

AI extract

What is this about?

In this Criminal Miscellaneous case, Petitioners accused under Section 420 IPC read with Section 34 IPC moved for quashing proceedings. The Court allowed the petition, quashing all further proceedings due to an amicable settlement between the petitioners and the defacto complainant.

What did the court decide?

All further proceedings in C.C. No.1284/2015 of the Judicial First Class Magistrate's Court, Kothamangalam, as against the petitioners, are quashed.

Shiju Mathew Vs State of Kerala — Quashing and FIR | Kerala HC (2016)

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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 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937

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Crl.MC.No. 57 of 2016 ()

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CC. NO.1284/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM. CRIME NO. 510/2015 OF KOTHAMANGALAM POLICE STATION.

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PETITIONERS/ACCUSED:

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1. SHIJU MATHEW, AGED 39 YEARS, S/O. MATHEW, KULATHINAL HOUSE, POOYAMKUTTY KARA, KUTTAMPUZHA VILLAGE.

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2. SALI, W/O. SHIJU, AGED 35 YEARS, KULATHINAL HOUSE, POOYAMKUTTY KARA, KUTTAMPUZHA VILLAGE.

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BY ADV. SRI.M.M.ABDUL RAHIMAN.

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

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2. SHYLAJA, AGED 45 YEARS,

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W/O. VIJAYAKUMAR, MANJAMKUZHI HOUSE, NEAR ST. MYCLE'S CHURCH, RANDAR KARA, AVOLI VILLAGE, ERNAKULAM DISTRICT.

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R1 BY PUBLIC PROSECUTOR SMT.P. MAYA. R2 BY ADV. SRI.K.S.PRAVEEN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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Crl.MC.No. 57 of 2016

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APPENDIX

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PETITIONER'S ANNEXURES:-

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ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT IN CC. NO.1284/2015 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM IN CRIME NO.510/2015 OF KOTHAMANGALAM POLICE STATION.

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ANNEXURE 2 AFFIDAVIT SWORN IN BY THE DEFACTO COMPLAINANT.

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RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 57 of 2016

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............................................................... Dated this the 18^th day of January, 2016

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O R D E R

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Petitioners are accused in C.C. No.1284/2015 of the Judicial First Class Magistrate's Court, Kothamangalam, which has arisen from Crime No.510/2015 of the Kothamangalam Police Station, registered for the offence punishable under Section 420 of the Indian Penal Code read with Section 34 IPC.

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The matter has been amicably settled between the petitioners and the defacto complainant, who is the second respondent herein. The defacto complainant has filed Annexure 2 affidavit affirming that the matter has been

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amicably settled between her and the petitioners and she has no complaints against the petitioners.

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No criminal antecedents have been reported

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CRL.M.C.No. 57 of 2016

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-: 2 :-

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against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C.No.1284/2015 of the Judicial First Class Magistrate's Court, Kothamangalam, as against the petitioners, based on Annexure 1 Final Report in Crime No.510/2015 of the Kothamangalam Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1284/2015 of the Judicial First Class Magistrate's Court, Kothamangalam, as against the petitioners, based on Annexure 1 Final Report in Crime No.510/2015 of the Kothamangalam Police Station, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

Shiju Mathew v. State of Kerala

Case brief

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Shiju Mathew v. State of Kerala

Case brief

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