Allowed

Jomon Joseph v. State of Kerala

Kerala HC8 Feb 2016Crl.MC/570/2016

Case brief

AI extract

What is this about?

Petitioner, accused in CPC under IPC sections 341, 323, 506(i), filed Criminal Miscellaneous petition seeking quashment of proceedings. Court found settlement with de-facto complainant via affidavit. Rules that no purpose served in continuing proceedings and quashed all further steps.

What did the court decide?

All further proceedings in C.C.No.590 of 2014 as against the petitioner based on the Final Report are quashed.

Jomon Joseph Vs State of Kerala — Writ and Judicial Review | 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 8TH DAY OF FEBRUARY 2016/19TH MAGHA, 1937

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Crl.MC.No. 570 of 2016 ()

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CC.NO. 590/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KASARAGOD CRIME NO. 364/2011 OF BADIADKA POLICE STATION, KASARAGOD DISTRICT

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PETITIONER/ACCUSED :

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JOMON JOSEPH, AGED 37 YEARS S/O.K.A.JOSEPH, KUTTIKKATTUKUNNEL HOUSE CHEMBARATHINAD, BADIADKA, KASARAGOD.

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BY ADV. SRI.S.JIJI

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RESPONDENTS/DE-FACTO COMPLAINANT & STATE :

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

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2. ABDUL HAMEED, AGED 33 YEARS S/O.ABDULKHADER, KEDINCHI HOUSE NEERCHAL POST AND VILLAGE, KASARAGOD.

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R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. R2 BY ADV. SMT.K.S.SANTHI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 570 of 2016 ()

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APPENDIX

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PETITIONERS' ANNEXURES :

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ANNEXURE A1	: CERTIFIED COPY OF FINAL REPORT IN CR. 364/2011 OF BADIADKA POLICE STATION.
ANNEXURE A2	AFFIDAVIT DATED 14/1/2016 SWORN BY THE 2ND RESPONDENT.

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RESPONDENT'S ANNEXURES : NIL

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//TRUE COPY//

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P.A. TO JUDGE

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B. KEMAL PASHA, J.

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====================

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CRL.M.C. No.570 of 2016

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====================

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Dated this the 8^th day of February, 2016

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O R D E R

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Petitioner is the accused in C.C.No.590 of 2014

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of the Judicial First Class Magistrate’s Court-I, Kasaragod, which has arisen from Crime No.364 of 2011 of the Badiadka Police Station, registered for the offences punishable under Sections 341, 323 and 506(i) IPC.

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The matter has been amicably settled between

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the petitioner and the defacto complainant, who is the 2^nd respondent herein. The defacto complainant has filed Annexure-A2 affidavit, affirming that the matter has been amicably settled between him and the petitioner and he has no complaints against the petitioner.

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No criminal antecedents have been reported against the petitioner. When the matter has been amicably settled, no purpose would be served in proceeding with the

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CRL.M.C.No.570 of 2016

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-: 2 :-

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matter further, and therefore, all further proceedings in C.C.No.590 of 2014 pending before the Judicial First Class Magistrate’s Court-I, Kasaragod, as against the petitioner, based on Annexure-A1 Final Report in Crime No.364 of 2011 of the Badiadka 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.590 of 2014 pending before the Judicial First Class Magistrate’s Court-I, Kasaragod, as against the petitioner, based on Annexure-A1 Final Report in Crime No.364 of 2011 of the Badiadka Police Station, are hereby quashed.

Sd/-

B. KEMAL PASHA,

JUDGE.

DSV/8/2/16

// True Copy //

P.A. To Judge

Jomon Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jomon Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

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