Partly allowed

Juraji P.C. v. State of Kerala

Kerala HC11 Jul 2018Crl.MC/3561/2018

Case brief

AI extract

What is this about?

The court allowed the criminal miscellaneous case partially, quashing the proceedings against the 1st petitioner (Juraij P.C.) based on settlement, but declined to quash proceedings against the 2nd petitioner who remains abroad and has not complied with surrender directions.

What did the court decide?

Quashed the proceedings in C.P. No.32 of 2018 against the 1st petitioner; proceedings against the 2nd petitioner were not quashed.

Juraji P.C. 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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WEDNESDAY, THE 11TH DAY OF JULY 2018 / 20TH ASHADHA, 1940

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Crl.MC.No. 3561 of 2018

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CRIME NO. 31/2014 OF KODUVALLY POLICE STATION, KOZHIKODE

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PETITIONERS/ACCUSED 2 & 4

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1 JURAJI P.C., AGED 24 YEARS, S/O.SIYALI, PADACHERICHALIL HOUSE, VAVAD AMSOM, OORQAPARAMBU, KOZHIKODE - 673 001.(CORRECTED)

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2 THANDORA SIDDIQUE, AGED 30 YEARS, S/O.HUSSAIN, VAVAD AMSOM, OORAPARAMBU, KOZHIKODE - 673 001.

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BY ADVS.SRI.NIRMAL. S

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SMT.VEENA HARI

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RESPONDENTS/STATE & DEFECTO COMPLAINANT:

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

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2. ABDUL SALEEM, S/O.SEETHI HAJI, AGED 27 YEARS, UROOM KANDATHIL HOUSE, PATTINIKKARA, PUTHUR AMSOM, THAMARASSERY TALUK, KOZHIKODE - 673 001.

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3. SHAFEEQUE, AGED 24 YEARS, S/O.MUHAMMED, KAITHAPARAMBIL HOUSE, MANIPURAM P.O., PATTINIKKARA, KOZHIKODE - 673 001.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI R2&3 BY ADV. SMT.T.M.BINITHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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VPS

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*THE NAME OF THE 1ST PETITIONER IS CORRECTED AND SUBSTITUTED AS “JURAIJ P.C.”

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AS PER ORDER DATED 26.6.2018 IN CRL.M.A. NO.6469 OF 2018 IN CRL.M.C. NO.3561 OF 2018.

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SD/ASSISTANT REGISTRAR

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Crl.MC.No. 3561 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1	CERTIFIED COPY OF THE FIR IN CRIME NO.31/2014 OF KODUVALLY POLICE STATION.
ANNEXURE A2	CERTIFIED COPY OF THE FINAL REPORT 226/14 DATED 27/04/2014.
ANNEXURE A3	NOTARIZED AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 10/05/2018.
ANNEXURE A4	NOTARIZED AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 10/05/2018.

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RESPONDENTS EXHIBITS:

NIL

/TRUE COPY/

VPS PS TO JUDGE

K.ABRAHAM MATHEW J.

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Crl.M.C. No.3561 of 2018

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--------------------------------------------Dated this the 11^th day of July, 2018

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ORDER

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Petitioners were accused Nos.2 and 4 in Crime No.31 of 2014 of Koduvally Police Station registered for the offences under Sections 143, 147, 308, 324, 326, 341 and 506 r/w Section 149 IPC. The final report was taken on the file of the Sessions Judge, Kozhikode as S.C. No.1046 of 2014. As the petitioners were absconding only the others were put on trial. The proceeding as against the other accused were quashed by this court in Crl.M.C. No.3836 of 2016. The case against the petitioners were removed to the resister of long pending cases, the number being L.P. No.39 of 2015 on the file of the Judicial Magistrate of First Class-I, Thamarassery. It is submitted that the matter has been settled

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Crl.M.C. 3561/18

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-:2:-

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between the petitioners and respondents 2 and 3 who are the victims. The proceedings are sought to be quashed in this Crl.M.C.

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Pursuant to the directions issued by this Court, the 1^st petitioner surrendered before court below and paid the amount covered by the bond executed by him when he was released on bail. The case against him has been re-filed as C.P. No.32 of 2018 on the file of the Judicial Magistrate of First Class-I, Thamarassery. S ince the 2^nd petitioner is abroad he has not complied with the direction. So his matter cannot be considered in this Crl.M.C.

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I have perused the affidavits filed by respondents 2 and 3. I am satisfied that the matter has been settled and no public interest is involved.

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In the result, this Crl.M.C. is allowed in part. The proceedings in C.P. No.32 of 2018 on the file of the Judicial Magistrate of First Class-I, Thamarassery are quashed so far as the 1^st petitioner is concerned.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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vps 11/7

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/True Copy/

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PS to Judge

Juraji P.C. v. State of Kerala

Case brief

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What did the court decide?

Juraji P.C. v. State of Kerala

Case brief

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