Allowed

Mathew v. State of Kerala

Kerala HC13 Jul 2018Crl.MC/3838/2018

Case brief

AI extract

What is this about?

The Single Judge quashed criminal proceedings for allegedly photographing a sleeping child-care worker, allowing the applicant's prayer based on a settlement affidavit and consideration that continued litigation was not in the interest of either party.

What did the court decide?

The criminal miscellaneous case is allowed; all further proceedings in C.C.No.198/2016 before the Judicial First Class Magistrate Court-III, North Paravur shall stand quashed.

Mathew 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 SUNIL THOMAS

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FRIDAY, THE 13TH DAY OF JULY 2018 / 22ND ASHADHA, 1940

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Crl.MC.No. 3838 of 2018

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AGAINST CC 198/2016 of JUDL. FIRST CLASS MAGISTRATE COURT-III, NORTH PARAVUR

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CRIME NO. 233/2016 OF VARAPPUZHA POLICE STATION , ERNAKULAM

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PETITIONER(S)/ACCUSED

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MATHEW, AGED 61 YEARS, S/O. LONNAN, KADEPARAMBIL (H), CHIRAYAKAKAM, VARAPPUZHA.

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BY ADV.SRI.M.VIVEK

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RESPONDENT(S)/STATE AND DEFACTO-COMPLAINANT:

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1. STATE OF KERALA,

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. JAYANTHI SASI, AGED 49 YEARS, W/O. SASI, MADHALAKKARANPARAMBIL (H), DEVASOMPADAM KARA, VARAPPUZHA VILLAGE.

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R2 BY ADV. SRI.U.H.SUREESH R BY PUBLIC PROSECUTOR SMT. SHEEBA K.K.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3838 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A CERTIFIED COPY OF FINAL REPORT/CHARGE SHEET IN CRIME NO. 233 OF 2016 OF VARAPPUZHA POLICE STATION.

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ANNEXURE B AFFIDAVIT DATED 07.06.2018 SWORN BY THE 2ND RESPONDENT.

TRUE COPY

P.S. TO JUDGE.

acd

SUNIL THOMAS, J.

Crl.M.C.No. 3838 of 2018

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Dated this the 13^th day of July, 2018

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ORDER

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The petitioner herein stands arrayed as the accused in C.C.No.198/2016 pending before the Judicial First Class Magistrate Court-III, North Paravur on an allegation that the petitioner herein took a photograph of the 2^nd respondent, while she was with certain students. Complaint was laid pursuant to which investigation was conducted and crime was registered. The crux of the allegation was that the 2^nd respondent, who was the teacher in an Anganwadi, while she was sleeping with the children, the petitioner herein took photograph on the mobile. The petitioner herein seeks to quash the proceedings on a contention that he has settled the disputes with the 2^nd respondent. An affidavit affirmed by the 2^nd respondent is produced along with Crl.M.C. to support the prayer. The learned counsel for the 2^nd respondent submitted that pursuant to Annexure-B affidavit, the matter has been settled and she has no objection to quash the proceedings.

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The learned Public Prosecutor also submitted that the settlement has been reported to the police and statement recorded. There is nothing on record to show that the petitioner

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Crl.M.C.No.3838/2018

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has any criminal antecedents. Having considered the cumulative effect of all these facts, I am inclined to held that the continuance

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of the proceedings cannot be in the interest of the both parties.

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Accordingly, Crl.M.C is allowed and all further proceedings in

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C.C.No.198/2016 of Judicial First Class Magistrate Court-III, North

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Paravur shall stand quashed.

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sd/- SUNIL THOMAS, JUDGE.

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acd

Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

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