Allowed

Jaison John v. State of Kerala

Kerala HC11 Jun 2018Crl.MC/2531/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition filed under Section 482 Cr.P.C. To quash criminal proceedings registered against the petitioner for offences under Sections 294(b), 427, 447, and 506 of the Indian Penal Code, finding that the matter had been settled and no public interest was involved.

What did the court decide?

The proceedings in Crime No. 1667 of 2017 of Keezhvaipur Police Station are quashed. The learned magistrate is directed to pass appropriate orders for the disposal of any material objects produced in

Jaison John 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. 2531 of 2018

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CRIME NO. 1667/2017 OF KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT.

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PETITIONER/ACCUSED

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JAISON JOHN, AGED 47 YEARS, S/O. JOHN ISSAC, VELUTHERIL HOUSE, PENNUKKARA NORTH MURI, ALA VILLAGE, PENNUKKARA P.O., CHENGANNUR TALUK, PIN- 689 520.

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BY ADV.SRI.N.ASHOK KUMAR.

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RESPONDENTS/STATE & DEFACTO COMPLAINANT::

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. KURIAN ABRAHAM, AGED 73 YEARS, S/O. LATE K.C. ABRAHAM, AMBUMKAYATH HOUSE, ANIKADU P.O, MALLAPPALLY WEST, PATHANAMTHITTA DISTRICT, PIN-689 585.

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3. MARY KURIAN, AGED 73 YEARS, W/O. KURIAN ABRAHAM, AMBUMKAYATH HOUSE, ANIKKADU P.O, MALLAPPALLY WEST, PATHANAMTHITTA DISTRICT, PIN- 680 585.

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

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R2 & R3 BY ADV. SRI.RENJITH RAJAPPAN.

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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. 13/06/2018.

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Crl.MC.No. 2531 of 2018 ()

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE-I CERTIFIED COPY OF FIR IN CRIME NO.1667/2017 OF KEEZHVAIPUR POLICE STATION DATED 17/09/2017. ANNEXURE -II AFFIDAVIT FILED BY 2ND RESPONDENT DATED 05-04-2018. ANNEXURE-III AFFIDAVIT FILED BY 3RD 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. 2531 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 Crime No. 1667 of 2017

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of Keezhvaipur Police Station registered for the offences under Sections294(b), 427, 447 & 506 of the Indian Penal Code. Respondents 2 & 3 are the victims. 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 respondents 2 & 3 respondent and the learned Public Prosecutor.

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4.I have perused the affidavits filed by respondents 2 & 3, who have 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.

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In the result, this Crl.M.C. is allowed. The proceedings

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Crl.M.C. No. 2531 of 2018

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..2..

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in Crime No. 1667 of 2017 of Keezhvaipur Police Station 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

Jaison John v. State of Kerala

Case brief

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Jaison John v. State of Kerala

Case brief

What is this about?

What did the court decide?

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