Dismissed

Selin Joseph v. State of Kerala

Kerala HC7 Feb 2018Crl.MC/7286/2015

Case brief

AI extract

What is this about?

This criminal miscellaneous petition under Section 482 CrPC seeking quashment of an FIR and charge sheet regarding allegations of cruelty was heard. The petitioners submitted that they did not wish to pursue the matter and intended to withdraw. The court dismissed the petition on the grounds of withdrawal. Quality is thin as the order contains minimal reasoning.

What did the court decide?

The petition for quashment was dismissed as withdrawn.

Selin Joseph Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶3

WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939

¶4

CC 490/2015 of JUDICIAL FIRST CLASS MAGISTRATE (TEMPORARY SPECIAL COURT),KOLLAM

¶5

CRIME NO. 490/2015 OF KOLLAM WEST POLICE STATION , KOLLAM

¶6

PETITIONERS/ACCUSED NO.2,3,5 AND 6

¶7

1 SELIN JOSEPH AGED 57 YEARS, W/O.JOSEPH, RESIDING AT J.C.COTTAGE, VELANKANNI NAGAR-III, VADAKKUMBHAGAM CHERRY, MUNDAKKAL VILLAGE, KOLLAM.

¶8

2 MR. JOSEPH AGED 64 YEARS, S/O.GEORGE, RESIDING AT J.C.COTTAGE, VELANKANNI NAGAR-III, VADAKKUMBHAGAM CHERRY, MUNDAKKAL VILLAGE, KOLLAM.

¶9

3 SMT. VOLGA ANIL @ MOLE AGED 34 YEARS, D/O.SELIN JOSEPH, RESIDING AT THUMPARA ENGEL-SEN, MUNDAKKAL VILLAGE, KOLLAM.

¶10

4 MR.ANIL GEORGE AGED 38 YEARS, S/O.GEORGE, RESIDING AT THUMPARA ENGEL-SEN, MUNDAKKAL VILLAGE, KOLLAM.

¶11

BY ADV.SRI.S.SREEKUMAR (KOLLAM)

¶12

RESPONDENT(S)/STATE AND DE-FACTO COMPLAINANT:

¶13

1. STATE OF KERALA REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, KOLLAM DISTRICT.

¶14

2. SMT. NEETHA AGED 28 YEARS, D/O.SUDHAMMA, RESIDING AT NISHANTH, ELANGATHU-VELI, MANAYIL KULANGARA CHERRY, KOLLAM WEST VILLAGE, KOLLAM DISTRICT, PIN -691 013.

¶15

R1 BY ADV. SRI.GEORGE JOHNSON

¶16

R2 BY PUBLIC PROSECUTOR SRI SAJJU.S.

¶17

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

Crl.MC.No. 7286 of 2015 ()

¶19

APPENDIX

¶20

PETITIONER(S)' EXHIBITS

¶21

ANNX.A1 - A TRUE COPY OF THE FIR IN CRIME NO.709 OF 2012 OF KOLLAM WEST POLICE STATION

¶22

ANNX.A2 - A TRUE COPY OF THE CHARGE IN CC NO.490 OF 2015 ON THE FILE OF THE JFMC (TEMPORARY) COURT, KOLLAM DISTRICT.

ks.

True copy

P.s. To Judge

SHIRCY V., J.

= = = == = = = = = = = = = = = = = = Crl.M.C.No. 7286 of 2015

¶28

= = = = = = = = = = = = = = = = = = = Dated this the 7^th day of February, 2018

¶29

ORDER

¶30

This petition has been filed under Section 482 of the Code of Criminal Procedure by the petitioners to quash Annexure A-1 F.I.R. and Annexure-A2 charge sheet registered against them. Petitioners 1 to 4 are are accused Nos. 2, 3, 5 and 6 in Crime No.709/2012 of Kollam West Police Station and pending as C.C.No.490/2015 on the files of the Court of Judicial First Class Magistrate (Temporary), Kollam District. The accused are alleged to have committed the offence punishable under Section 498 A read with section 34 of IPC. The 1^st accused is the husband of

¶31

the de facto complainant and the son of the petitioners 1 and 2. The 3^rd petitioner is the sister-in-law of the de facto complainant and the 4^th petitioner is the husband of the sister-in-law of the de facto complainant. The de facto

¶32

CRMC 7286/2015

¶33

¶34

complainant is the daughter-in-law of the petitioners 1 and 2.

¶35

Heard both sides.

¶36

After arguing the matter for quite some time, the

¶37

learned counsel for the petitioners submitted that he is not interested to pursue with the matter and is actually intending to withdraw the same.

¶38

Considering the submission made by the learned counsel for the petitioners, this petition to quash the above case is dismissed as withdrawn.

Sd/-

SHIRCY V., JUDGE

True copy

P.S. To Judge

Selin Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Selin Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Niburaj Vs State of Kerala

Rony Vs State of Kerala

Illiyas Vs State of Kerala

R.Baiju Vs State of Kerala

Jaisal N.M. Vs State of Kerala

Stella Jolly Vs State of Kerala