Allowed

Bincy Jacob v. State of Kerala

Kerala HC3 Aug 2017Crl.MC/5187/2017

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the High Court of Kerala quashed offences allegedly committed under Sections 354(A) and 354(D) IPC. The court acted on the submission that the matter was settled between the petitioner and the de-facto complainant, holding that quashing would secure the ends of justice under Section 482 Cr.P.C.

What did the court decide?

The court quashed the Final Report and further proceedings against the petitioner in C.C. No. 147 of 2017.

Bincy Jacob 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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THURSDAY, THE 3RD DAY OF AUGUST 2017/12TH SRAVANA, 1939

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Crl.MC.No. 5187 of 2017 ()

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CC 147/2017 of J.M.F.C.-III,THIRUVANANTHAPURAM CRIME NO. 1502/2016 OF MUSEUM POLICE STATION , THIRUVANANDAPURAM

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PETITIONER(S)/PETITIONER:

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BINCY JACOB

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AGED 44 YEARS, S/O. CHACKO JACOB, 5-B JUPITER, TRINITY WORLD, CHITTETHUKARA, KAKKANAD, ERNAKULAM 682 037

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BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.NANDAGOPAL S.KURUP

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RESPONDENT(S)/RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 035

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HRIDYA SURESH AGED 32 YEARS, D/O. D/O. BABU SURESH, FLAT NO 5A1 ARTCH HOHINI,VATTIYOORKAVU, THIRUVANANTHAPURAM 695 011

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R2 BY ADV. SRI.N.L.BITTO

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R1 BY PUBLIC PROSECUTOR, SRI E C BINEESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-082017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5187 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 1502/2016 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM

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AZNNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C NO 147/2017 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT

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III,THIRUVANANTHAPRUAM

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ANNEXURE A3 AFFIDAVIT DATED 17-07-2017 SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT

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RESPONDENT(S)' EXHIBITS : NIL

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// True Copy //

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PA to Judge

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B.SUDHEENDRA KUMAR, J.

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Crl.M.C No.5187 of 2017

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- - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 3^rd day of August 2017

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O R D E R

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The petitioner is the accused in C.C.No.147 of 2017 on the files of the court below. The offences alleged are the offences under Sections 354(A) and 354(D) I.P.C.

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Heard.

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The learned counsel for the parties and learned Public Prosecutor have submitted that the matter has been settled between the parties. The 2^nd respondent, who is the de-facto complainant, filed affidavit stating that the matter has been settled between the parties and hence, she has no further grievance against the petitioner. Since the matter has been settled between the parties, I am of the view that

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Crl.M.C.5187/2017

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-: 2 :-

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quashing the said offences would secure the ends of justice. For the said reason, I am inclined to quash the Final Report and further proceedings against the petitioner in C.C.No.147 of 2017 on the files of the court below, 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/-

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B.SUDHEENDRA KUMAR, JUDGE

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dl/3.8..2017

Bincy Jacob v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bincy Jacob v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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