Allowed

Saiby Antony v. State of Kerala

Kerala HC11 Aug 2017Crl.MC/5213/2017

Case brief

AI extract

What is this about?

The Kerala High Court quashed an FIR registered for offence under Section 363 r/w Section 34 IPC. The court accepted that the matter was settled by the victim and her mother, who filed affidavits stating no further grievance, and that the victim is now married and residing peacefully.

What did the court decide?

The FIR in Crime No.950/2013 and further proceedings against the petitioners were quashed.

Saiby Antony 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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FRIDAY, THE 11TH DAY OF AUGUST 2017/20TH SRAVANA, 1939

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Crl.MC.No. 5213 of 2017 ()

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SC 428/2016 of ADDL. SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN)

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PETITIONER(S):

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1. SAIBY ANTONY AGED 35 YEARS, S/O. ANTONY, KOTTACKAL HOUSE, KOTTAPPURAM, ALANGADU VILLAGE, ERNAKULAM DISTRICT.

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2. VIJEESH M.V

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AGED 27 YEARS, S/O. VIJAYAN, MADAVANA HOUSE, BLOCK ROAD, KOTTAPPURAM, ALANGADU VILLAGE, ERNAKULAM DISTRICT.

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BY ADV. SRI.K.J.JOSEPH (ERNAKULAM)

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE S.I OF POLICE, ALUVA WEST POLICE STATION, [IN CR.NO.950/2013] REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, 682 031.

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2. NASEEMA MOL

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AGED 21 YEARS,D/O. SAINUDEEN, ONODI HOUSE, NEAR CHAMAPARAMBU SCHOOL, U.C COLLEGE P.O, VELIYATHUNADU KARA, ALUVA VILLAGE 683 103.

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3. SHEEBA AGED 45 YEARS, W/O. SAINUDEEN, ONODI HOUSE, NEAR CHAMAPARAMBU SCHOOL, U.C COLLEGE P.O, VELIYATHUNADU KARA, ALUVA VILLAGE 683 103.

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R2,3 BY ADV. SRI.K.B.RAHIM R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5213 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE 1. COPY OF THE FINAL REPORT IN SC 428/16 ON THE FILE OF THE ADDITIONAL SESSIONS COURT [FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN] ERNAKULAM. ANNEXURE II. COPY OF AFFIDAVIT FILED BY THE 2ND RESPONDENT. ANNEXURE III. COPY OF AFFIDAVIT FILED 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.5213 of 2017

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Dated this the 11^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.950/2013 of

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Aluva West Police Station registered for the offence under Section 363 r/w Section 34 IPC.

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Heard.

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It has been submitted by the learned counsel for

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the parties and the learned Public Prosecutor that the matter

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has been settled. The second respondent is the victim in this case and the third respondent is the mother of the victim. They filed separate affidavits stating that the matter has been settled and hence they have no further grievance against the petitioners. It is further stated in the affidavit that the second respondent had married a person and she is

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at present residing peacefully with her husband. Considering the facts and circumstances of the case,

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Crl.M.C. No.5213 of 2017

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-: 2 :-

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including the nature of allegations raised against the petitioners, I am inclined to quash the FIR and further proceedings against the petitioners in Crime No.950/2013 of Aluva West 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//

Saiby Antony v. State of Kerala

Case brief

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Saiby Antony v. State of Kerala

Case brief

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