Quashed

Kurian v. State of Kerala

Kerala HC19 Dec 2018Crl.MC/3091/2018

Case brief

AI extract

What is this about?

The High Court allowed two Criminal Miscelleneous Cases seeking quashing of criminal proceedings. Finding that the matters had been settled through mediation and no public interest was involved, the Court quashed the trial court proceedings in both cases.

What did the court decide?

The proceedings in C.C. No.448 of 2016 and C.C. No.414 of 2016 on the file of the Judicial Magistrate of First Class, Kuruppampady are quashed.

Kurian Vs State of Kerala — Criminal Trial and Appeal | 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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WEDNESDAY,THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940

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Crl.MC.No. 3624 of 2016

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AGAINST CC 448/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KURUPPUMPADY, ERNAKULAM

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CRIME NO. 2435/2015 OF Kuruppampady Police Station, Ernakulam

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PETITIONER/ACCUSED 1:

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*GEORGIAN C.VARGHESE GEORGIN C.VARGHESE AGED 27 YEARS, S/O.VARGHESE, RESIDING AT CHAMAKKALA HOUSE, IRINGOLE KARA,PERUMBAVOOR VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT.

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***(THE NAME OF THE PETITIONER IS CORRECTED AS GEORGIN C.VARGHESE AS PER ORDER DATED 19.12.2018 IN Crl.M.Appl. No.6 of 2018) BY ADV. SRI.PEEYUS A.KOTTAM**

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682018, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUTTAMPUZHA POLICE STATION, INVESTIGATING OFFICER IN CRIME NO.2435/2015 OF KURUPPUMPADY POLICE STATION.

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Crl.M.C. 3624/16 & 3091/18

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-:2:-

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*2 C.K.MATHAI, AGED 58,S/O KURIAN, CHAMAKKALA HOUSE, IRINGOLE KARA,PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK

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*3 THARU S/O VARKEY, AGED 88 YEARS, CHAMAKKALA HOUSE, IRINGOLE, RAYAMANGALAM, PIN CODE 683548

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***(ADDL R2 AND R3 IMPLEADED AS PER ORDER DATED 19/12/2018 IN CRL.MA 3988/2018 AND CRL MA 5/2018 RESPECTIVELY)**

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BY ADVS. SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.V.RAJENDRAN (PERUMBAVOOR)

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SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19.12.2018 ALONG WITH Crl.MC.3091/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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-:3:-

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Crl.M.C. 3624/16 & 3091/18

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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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WEDNESDAY,THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940

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Crl.MC.No. 3091 of 2018

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AGAINST CC 414/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KURUPPAMPADY

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PETITIONERS/ACCUSED:

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1 KURIAN AGED 90, S/O.VARKEY, CHAMAKKALA HOUSE, IRINGOLE, RAYAMANGALAM, KUNNATHUNADU TALUK.

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2 VARGHESE AGED 67, S/O.KURIAN, CHAMAKKALA HOUSE, IRINGOLE, RAYAMANGALAM, KUNNATHUNADU TALUK.

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3 MATHAI AGED 59, S/O.KURIAN, CHAMAKKALA HOUSE, IRINGOLE, RAYAMANGALAM, KUNNATHUNADU TALUK.

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4 C.K.THARU AGED 62, S/O.KURIAN, CHAMAKKALA HOUSE, IRINGOLE, RAYAMANGALAM, KUNNATHUNADU TALUK.

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BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.N.RAJESH

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Crl.M.C. 3624/16 & 3091/18 -:4:-

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RESPONDENTS/STATE, COMPLAINANT & THE DEFACTO COMPLAINANT:

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1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 SUB INSPECTOR OF POLICE KURUPPAMPADY POLICE STATION KURUPPAMPADY, PIN-683845. 3 THARU AGED 88, S/O.VARKEY, CHAMAKKALA HOUSE, IRINGOLE, RAYAMANGALAM, PIN-683548. BY SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR ADV. SRI.PEEYUS A.KOTTAM

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19.12.2018, ALONG WITH Crl.MC.3624/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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-:5:-

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Crl.M.C. 3624/16 & 3091/18

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Crl.M.C. Nos.3624 of 2016 & 3091 of 2018

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ORDER

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Petitions filed under Section 482 Cr.P.C.

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The petitioner in Crl.M.C. No.3624 of 2016 is the accused

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in C.C. No.448 of 2016 and the petitioners in Crl.M.C. No.3091 of 2018 are the accused in C.C. No.414 of 2016 on the file of the Judicial Magistrate of First Class, Kuruppampady. They are case and counter case. In the first case the petitioner is alleged to have committed the offences under Sections 324 and 506 IPC and the petitioners in the second case is alleged to have committed the offences under Sections 294(b), 324, 447 and 506 IPC. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.

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Heard the learned counsel for the petitioners and the second respondent and the learned Public Prosecutor.

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I have perused the settlement arrived at the mediation. I

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am satisfied that the matter has been settled and no public interest is

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Crl.M.C. 3624/16 & 3091/18 -:6:-

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involved in these cases. There is no impediment for granting the prayer of the petitioners.

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In the result, these Crl.M.Cs are allowed. The proceedings in C.C. No.448 of 2016 and C.C. No.414 of 2016 on the file of the Judicial Magistrate of First Class, Kuruppampady on the file of the Judicial Magistrate of First Class-I, Varkala are quashed. If any material objects have been produced in these cases, the trial court may pass appropriate orders for their disposal.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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vps

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The words “ on the file of the Judicial Magistrate of First Class-I, Varkala ” occurring in the last paragraph of the common final order dated 19/12/2018 in Crl.M.C. Nos.3624/2016 and 3091/2018 are deleted as per order dated 22/02/2019 in Crl.M.A. No.1/2019 in Crl.M.C. No.3624/2016.

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Sd/- Deputy Registrar

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-:7:-

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Crl.M.C. 3624/16 & 3091/18

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APPENDIX OF Crl.MC 3624/2016

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A-1 THE TRUE COPY OF THE PLAINT IN O.S.475/2015 FILED BY THE PLAINTIFF GEORGIAN C.VARGHESE PENDING BEFORE THE MUNSIFF'S COURT, PERUMBAVOOR. ANNEXURE A-2 THE TRUE COPY OF THE INTERIM ORDER DATED 22.02.2016 PASSED BY THE MUNSIFF'S COURT, PERUMBAVUR IN I.A.2484/2015 IN O.S.No.475/2015 ANNEXURE A-3 THE TRUE COPY OF THE COMMISSION APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE MUNSIFFS COURT, PERUMBAVUR ANNEXURE A-4 THE TRUE COPY OF THE COMMISSION REPORT DATED 21.12.2015 IN I.A.2485/2015 IN IN O.S.475/2015 SUBMITTED BY ADVOCATE COMMISSIONER

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ANNEXURE A-5 THE TRUE COPY OF THE AFFIDAVIT SWORN BY CW-2 DATED 28.04.2015 IN THE PRESENCE OF NOTARY PUBLIC ANNEXURE A-6 TRUE COPY OF FINAL CHARGE DATED 30.12.2015 IN CC.441/2016 (CRIME NO. 2448/2015 OF KURUPPAMPADY POLICE STATION)

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-:8:-

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Crl.M.C. 3624/16 & 3091/18

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ANNEXURE A-7 TRUE COPY OF THE FINAL CHARGE IN CC No.448/2016 DATED 24.2.2016 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT,KURUPPAMPADY.

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ANNEXURE A-8 TRUE COPY OF THE NOTICE DATED 17.12.2015 ISSUED BY THE ADVOCATE COMMISSIONER, GEORGE K.P. INFORMING THE DATE AND TIME OF INSPECTION ANNEXURRE A-9 CERTIFIED COPY OF POWER OF ATTORNEY DATED 9.12.2015 EXECUTED BY PETITIONER

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RESPONDENT'S/S' EXHIBITS:

NIL

/True Copy/

vps PS to judge

-:9:-

Crl.M.C. 3624/16 & 3091/18

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APPENDIX OF Crl.MC 3091/2018

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1

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TRUE COPY OF CHARGE SHEET IN C.C.414/16 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KURUPPAMPADY.

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ANNEXURE A2 TRUE COPY OF ORDER IN CRIMINAL M.A.546/17 IN CRIME NO.3624/16 DATED 20.1.17 OF THIS HON'BLE COURT.

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RESPONDENT'S/S' EXHIBITS:

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NIL

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/True Copy/

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vps PS to judge

Kurian v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kurian v. State of Kerala

Case brief

What is this about?

What did the court decide?

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