Allowed

Betsy Elizabeth Jaison v. State of Kerala

Kerala HC11 Jun 2018Crl.MC/2509/2018

Case brief

AI extract

What is this about?

Petitioner accused approached High Court under Section 482 Cr.P.C. to quash criminal proceedings based on a post-case settlement with the victim. Court verified settlement via affidavit and found no public interest in continuing the trial, thus quashing the proceedings and directing disposal of material objects.

What did the court decide?

The proceedings in Crl. MC No. 2509 of 2018 are allowed and the criminal case CC No. 5732 of 2017 on the file of the Judicial First Class Magistrate Court-I, Chengannur is quashed.

Betsy Elizabeth Jaison 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 K.ABRAHAM MATHEW

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MONDAY, THE 11TH DAY OF JUNE 2018 / 21ST JYAISHTA, 1940

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Crl.MC.No. 2509 of 2018

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CC. NO.5732/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHENGANNUR. CRIME NO. 1788/2017 OF CHENGANNOOR POLICE STATION, ALAPPUZHA DISTRICT.

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PETITIONER/ACCUSED

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BETSY ELIZABETH JAISON, AGED 40 YEARS, W/O. JAISON JOHN, VELUTHERIL HOUSE, PENNUKKARA NORTH MURI, ALA VILLAGE, PENNUKKARA P.O, CHENGANNUR TALUK, PIN -689 520.

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BY ADV.SRI.RENJITH RAJAPPAN.

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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.

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2. JOHN ISSAC, AGED 83 YEARS, S/O.LATE ISSAC, VELUTHERIL HOUSE, PENNUKKARA NORTH MURI, ALA VILLAGE, PENNUKKARA P.O, CHENGANNUR TALUK, PIN- 689 520.

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R1 BY SR. PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA.

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R2 BY ADV. SRI.N.ASHOK KUMAR.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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13/06/2018.

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Crl.MC.No. 2509 of 2018 ()

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE I CERTIFIED COPY OF FIRST INFORMATION REPORT DATED 17-09-2017 WITH FIRST INFORMATION STATE IN CRIME NO. 1788/2017 OF CHENGANNUR POLICE STATION. ANNEXURE II CERTIFIED COPY OF FINAL REPORT DATED 27-11-2017 IN CRIME NO.1788/2017 OF CHENGANNUR POLICE STATION. ANNEXURE III AFFIDAVIT FILED BY 2ND RESPONDENT DATED 05/04/2018.

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RESPONDENT'S ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs. 13/06/2018.

K. ABRAHAM MATHEW, J.

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Crl.M.C. No. 2509 of 2018

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Dated this the 11^th day of June, 2018

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O R D E R

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Petition filed under Section 482 Cr.P.C.

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2.The petitioner is the accused in CC No. 5732 of 2017 on

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the file of the Judicial First Class Magistrate Court-I, Chengannur registered for the offences under Sections

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324 & 326 of the Indian Penal Code. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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3.Heard the learned counsel for the petitioner and the second respondent and the learned Public Prosecutor.

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4.I have perused the affidavit filed by the second respondent, who has entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioner. In the result, this Crl.M.C. is allowed. The proceedings

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Crl.M.C. No. 2509 of 2018

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..2..

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in CC No. 5732 of 2017 on the file of the Judicial First Class Magistrate Court-I, Chengannur are quashed. If any material objects have been produced in the case, the learned magistrate may pass appropriate orders for their disposal.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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bka/11.06.2018

Betsy Elizabeth Jaison v. State of Kerala

Case brief

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Betsy Elizabeth Jaison v. State of Kerala

Case brief

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