Dismissed

Jessy Shaji v. Teena Kuncheria

Kerala HC17 Jul 2018Crl.MC/3507/2018

Case brief

AI extract

What is this about?

The High Court at Ernakulam dismissed a Criminal Miscellaneous petition filed by accused seeking quashment of criminal proceedings. The petitioner challenged offences under IPC and the Juvenile Justice Act alleging cruelty. The court declined to invoke Section 482 Cr.P.C jurisdiction.

What did the court decide?

The Criminal Miscellaneous Case is dismissed. The Criminal Proceedings against the petitioners are not quashed.

Jessy Shaji Vs Teena Kuncheria — 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 SUNIL THOMAS

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TUESDAY, THE 17TH DAY OF JULY 2018 / 26TH ASHADHA, 1940

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Crl.MC.No. 3507 of 2018

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(CC 1078/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,KANJIRAPPALLY)

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(CRIME NO. 698/2014 OF KANJIRAPPALLY POLICE STATION , KOTTAYAM)

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PETITIONERS/ACCUSED

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1 JESSY SHAJI, W/O. SHAJIMON JOSE, OTTAPLACKAL VEETTIL, CHENAPPADY KARA, KOOVAPPALLY VILLAGE, MANNARKAYAM P.O., KOTTAYAM DISTRICT - 686 506.

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2 TOY KUNCHERIA, S/O. KUNCHERIA, VETTICKATTU HOUSE, CHIRAKKADAVU VILLAGE, MANNARKAYAM P.O., KOTTAYAM DISTRICT - 686 506.

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3 SHAJIMON JOSE, S/O. JOSEPH, OTTPLACKAL VEETIL, CHENAPPADY KARA, KOOVAPPALLY VILLAGE, MANNARKAYAM P.O., KOTTAYAM DISTRICT - 686 506.

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4 INNU, W/O. TONY KUNCHERIA, VETTICKATTU HOUSE, CHIRAKKADAVU VILLAGE, MANNARKAYAM P.O., KOTTAYAM DISTRICT - 686 508.

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BY ADVS.SRI.V.B.PREMACHANDRAN SRI.S.MADHAVAN NAIR

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RESPONDENTS

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1 TEENA KUNCHERIA, D/O. KUNCHERIA, VETTICKATTU HOUSE, CHIRAKKADAVU VILLAGE, MANNARKAYAM P.O., KOTTAYAM DISTRICT - 686 506.

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2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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R1 BY ADV. SRI.A.S.SASIDHARAN R2 BY PUBLIC PROSECUTOR SRI.T.R. RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mks

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Crl.MC.No. 3507 of 2018

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APPENDIX

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PETITIONERS ANNEXURES

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ANNEXURE-A1-CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 698/2014 OF KANJIRAPALLY POLICE STATION, KOTTAYAM DISTRICT WHICH IS NOW PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANJIRAPALLY AS C.C. NO. 1078/2017

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ANNEXURE-A2-TRUE COPY OF THE BIRTH CERTIFICATE OF THE 1ST RESPONDENT/DEFACTO COMPLAINANT DATED 30/04/2003, ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, CHIRAKKADAVU GRAMA PANCHAYATH

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ANNEXURE-A3-ORIGINAL AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT

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RESPONDENTS ANNEXURES

NIL

/TRUE COPY/

P.A. TO JUDGE

mks 20/07/2018

SUNIL THOMAS, J.

===========================

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Crl.M.C No.3507 of 2018

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=========================== Dated this the 17^th day of July, 2018

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ORDER

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The petitioners herein stand arrayed as accused

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in C.C.No.1078/2017 of Judicial First Class Magistrate

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Court No.1, Kanjirappally arising from Crime No.698/2014

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of Kanjirappally Police Station, Kottayam for offences punishable under Sections 323, 324, 308, 506(1) and 34 I.P.C read with Section 23 of the Juvenile Justice Act 2000.

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The crux of the prosecution allegation is that,

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the first respondent child who lost her mother at an early childhood and the father was mentally wreck, was under the custody and care of the petitioners herein. It is alleged that, they had subjected defacto complainant to cruelty and tortured her while she was a minor and inflicted burn injuries on her body. Crime was registered and after investigation, final report was laid.

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Crl.M.C No.3507 of 2018

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Child was in the custody of Assissi Balabhavan

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during her minority. On attainment of majority, the petitioners approached this Court to quash the proceedings armed with an affidavit affirmed by the victim. The learned Public Prosecutor opposed the application contending that the allegations are serious. The report of the investigating agency disclosed that the allegations are serious.

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Having considered these facts, I am not inclined

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to invoke the jurisdiction under Section 482 of Cr.P.C to

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quash the criminal proceedings.

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This Crl.M.C is accordingly dismissed.

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Sd/SUNIL THOMAS, JUDGE

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ACM

Jessy Shaji v. Teena Kuncheria

Case brief

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Jessy Shaji v. Teena Kuncheria

Case brief

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