Disposed

Shaji.a v. State of Kerala

Kerala HC9 Aug 2017Crl.MC/5057/2017

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an appeal to quash an FIR under Section 75 of the Juvenile Justice Act, 2015. With settlement confirmed by the victim's father, the court dismissed the petitioners' appeal on interlocutory grounds as the matter was already un-impugned, noting the quashing order was already vide the impugned order itself.

What did the court decide?

The petition accordingly to an order already passed quashing the FIR.

Shaji.a Vs State of Kerala — Quashing and FIR | Kerala HC (2017)

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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.SUDHEENDRA KUMAR

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WEDNESDAY, THE 9TH DAY OF AUGUST 2017/18TH SRAVANA, 1939

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Crl.MC.No. 5057 of 2017 () ---------------------------

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CRIME NO. 257/2017 OF * BEKAL POLICE STATION, KASARGOD

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PETITIONER(S)/ACCUSED:

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SHAJI.A AGED 35 YEARS, S/O.A.C.BALAGOPALAN, TEACHER, GREENWOOD PUBLIC SCHOOL, A.K.ROAD, P.O.BEKAL, HOSDURG TALUK.

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DR.RAMACHANDRAN AGED 55 YEARS, S/O.P.A.GOPALA KURUPPU, PRINCIPAL, GREENWOOD PUBLIC SCHOOL, A.K.ROAD, P.O.BEKAL, HOSDURG TALUK.

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BY ADV. SRI.A.ARUNKUMAR

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RESPONDENT(S)/COMPLAINANT/STATE::

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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YASIN AGED 11 YEARS, MINOR, REPRESENTED BY HIS FATHER MUHAMMED AMEER ALI, KODAMKAI HOUSE, KALANAD, KASARAGOD DISTRICT-671 121. 3. MUHAMMED AMEER ALI, AGED 46 YEARS, S/O.MOIDEENKUTTY, KODAMKAI HOUSE, KALANAD, KASARAGOD DISTRICT-671 121. * THE NAME OF THE POLICE STATION “HOSDURG POLICE STATION” OCCURING IN THE CRL.M.C.5057/2017 IS CORRECTED AND SUBSTITUTED AS “BEKAL POLICE STATION” AS PER ORDER DATED 9.8.2017 IN CRL.M.A.8561/2017.

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R2 & 3 BY ADV. SRI.P.K.SUBHASH R1 BY PUBLIC PROSECUTOR SRI.P.K.SUBHASH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5057 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS -----------------------

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ANNEXURE-A1: A TRUE COPY OF THE F.I.R. IN CRIME NO.257 OF 2017 OF THE BEKAL POLICE STATION, KASARAGOD.

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ANNEXURE-AIII: A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

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-------------------------------Crl.M.C. No.5057 of 2017

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Dated this the 9^th day of August, 2017

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O R D E R

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The petitioners are accused in Crime No.257/17 of Bakal Police Station registered for the offence under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

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Heard.

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It has been submitted by the learned counsel for the parties and the learned Public Prosecutor that the matter has been settled. The second respondent is the minor victim and the third respondent is the father of the second respondent. The third respondent filed affidavit stating that the complaint against the petitioners was made due to some misunderstanding and the matter has been now settled and hence he or the second has no further grievance against the petitioners. Considering the nature of allegations, I am of

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Crl.M.C. No.5057 of 2017

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-: 2 :-

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the view that since the matter has been settled, quashing the said offence would secure the ends of justice. For the said reason, I am inclined to quash the FIR and further proceedings against the petitioners in Crime No.257/17 of Bakal Police Station, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so.

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In the result, this Crl.M.C. stands allowed.

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Sd/- B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY//

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//P.A. TO JUDGE//

Shaji.a v. State of Kerala

Case brief

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Shaji.a v. State of Kerala

Case brief

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