Allowed

Fr. Jacob Sherry Chacko v. State of Kerala

Kerala HC17 Jan 2018Crl.MC/102/2018

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous petition to quash the trial proceedings in a criminal case instituted for offences under Sections 294(b) and 506(iii) IPC. The court held that since the second respondent, the de facto complainant, filed an affidavit confirming an amicable settlement and absence of complaints, no purpose would be served by continuing the trial of the underlyin

What did the court decide?

All further proceedings in C.C.No.1144/2017 of the Judicial First Class Magistrate's Court-III, Kottayam, against the petitioners are quashed.

Fr. Jacob Sherry Chacko Vs State of Kerala — Quashing and FIR | Kerala HC (2018)

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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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WEDNESDAY, THE 17TH DAY OF JANUARY 2018 / 27TH POUSHA, 1939

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Crl.MC.No. 102 of 2018

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CC NO. 1144/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOTTAYAM

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PETITIONERS/ACCUSED NO.1 TO 3

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1 FR. JACOB SHERRY CHACKO AGED 43 YEARS, S/O.JACOB SHERRY MUKKANJIRAM, MUKKANJIRATHIL HOUSE, MURIPPARA BHAGAM, THIRUVARPU P.O., THIRUVARPU VILLAGE.

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2 FR.AJEESH J.PUNNAN @ AJEESH PUNNAN PADINJAREKKUTT AGED 36 YEARS, S/O.PUNNAN, PADINJAREKUTT HOUSE, THRIKKOTHAMANGALAM P.O., KOCHALUMMOODU BHAGAM, ERAVINELLUR KARA, PUTHUPPALLY VILLAGE.

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3 FR.SONY KURIAKOSE @ SONY KADUNGANIYIL AGED 39 YEARS, S/O.KURIAKOSE, KADUNGANIYIL HOUSE, PARAMPUZHA P.O., NATTASSERY KARA, VIJAYAPURAM VILLAGE.

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BY ADVS.SRI.S.RAJEEV

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SRI.K.K.DHEERENDRAKRISHNAN

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SRI.V.VINAY SRI.D.FEROZE

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RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. (CRIME NO.354/2017 OF WEST POLICE STATION, KOTTAYAM DISTRICT)

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Crl.MC.No. 102 of 2018

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2. FR.KURIAKOSE KADAVUMBHAGAM AGED 46 YEARS, S/O.CHACKO, KADVUMBHAGAM HOUSE, PUTHENPURAM P.O., PAMPADY KARA, PAMPADY VILLAGE, KOTTAYAM DISTRICT-686502.

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R1 BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK

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R2 BY ADV. SRI.VINOD KUMAR.C

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sdr/-

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Crl.MC.No. 102 of 2018

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PETITIONER(S)' ANNEXURES

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ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.354/2017 OF WEST POLICE STATION.

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ANNEXURE II AFFIDAVIT DATED 04-01-2018 SWORN BY THE 2ND RESPONDENT.

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RESPONDENTS ANNEXURES NIL

/TRUE COPY/

PA TO JUDGE

sdr/-

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 102 of 2018

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............................................................... Dated this the 17^th day of January, 2018

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O R D E R

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Petitioners are accused Nos.1 to 3 in C.C.No.1144/2017 of the Judicial First Class Magistrate's Court-III, Kottayam, which has arisen from Crime No.354/2017 of the West Police Station, Kottayam registered for the offences punishable under Sections 294(b) and 506(ii) read with Section 34 of the Indian Penal Code.

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It seems that the matter has been amicably settled between the petitioners and the defacto complainant, who is the 2^nd respondent herein.

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The 2^nd respondent has filed Annexure II affidavit affirming that the matter has been amicably settled between

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CRL.M.C.No. 102 of 2018

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-: 2 :-

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him and the petitioners and presently, he has no complaints against the petitioners. Considering the fact that the matter has already been settled amicably between the parties, this Court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all further proceedings in C.C.No.1144/2017 of the Judicial First Class Magistrate's Court-III, Kottayam, as against the petitioners, based on Annexure-I Final Report in Crime No.354/2017 of the West Police Station, Kottayam, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1144/2017 of the Judicial First Class Magistrate's Court-III, Kottayam, as against the petitioners, based on Annexure-I Final Report in Crime No.354/2017 of the West Police Station, Kottayam, are hereby quashed.

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B. KEMAL PASHA, JUDGE.

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ul/-

Fr. Jacob Sherry Chacko v. State of Kerala

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Fr. Jacob Sherry Chacko v. State of Kerala

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