Allowed

Vijayan v. State of Kerala

Kerala HC22 Feb 2018Crl.MC/879/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition for quashing proceedings, the Kerala High Court held that in view of the amicable settlement between parties and absence of prior criminal records, further trial against the petitioners in offences under Sections 420 and 120-B r/w Section 34 IPC was unnecessary.

What did the court decide?

All further proceedings against the petitioners in C.C.No.153/2017 of the JCMC, Kalady are quashed.

Vijayan 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 B.KEMAL PASHA

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THURSDAY, THE 22ND DAY OF FEBRUARY 2018 / 3RD PHALGUNA, 1939

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Crl.MC.No. 879 of 2018

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C.C.NO.153 OF 2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALADY

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PETITIONER(S)/ACCUSED 1 AND 2 :

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1 VIJAYAN, AGED 63 YEARS, S/O. SREEDHARAN, KATTUNGAL HOUSE, MALAYATTOOR KARA, MALAYATTOOR VILLAGE, ALUVA TALUK.

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2 GOPIKA, AGED 58 YEARS, W/O. VIJAYAN, KATTUNGAL HOUSE, MALAYATTOOR KARA, MALAYATTOOR VILLAGE, ALUVA TALUK.

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BY ADV.SRI.JAISON JOSEPH

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RESPONDENT(S)/STATE AND CW1 TO CW7:

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

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2. DETECTIVE INSPECTOR OF POLICE, CBCID, EOW II, ERNAKULAM IN CRIME NO. 381/2003 OF KALADY POLICE STATION.

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3. OUSEPH, AGED 80 YEARS, S/O. AUGUSTINE,PUTHUSSERY HOUSE,

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CHIRANGARA KARA, KORATTY, KIZHAKKUMMURI VILLAGE.

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4. REXIN, AGED 47 YEARS, S/O. XAVIER, KALLUMADATHIL HOUSE,

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NEAR MANJANIKKAD LP SCHOOL, NJARAKKAL VILLAGE- 682 505.

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5. PAULY, AGED 44 YEARS, S/O. PAULOSE, MUTTANTHOTTIL HOUSE, MALAYATTOOR KARA, MALAYATTOOR VILLAGE- 683 587.

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6. JIJO, AGED 43 YEARS, S/O. OUSEPH, PUTHUSSERY HOUSE, CHIRANGARA KARA, KORATTY, KIZHAKKUMMURI VILLAGE- 683 574.

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R1 & R2 BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA R3 TO R6 BY ADV. SRI.P.S.APPU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Crl.MC.No. 879 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A1:	TRUE PHOTOCOPY OF THE F.I.R ALONG WITH THE F.I. STATEMENT IN CRIME NO.381/2003 OF KALADY POLICE STATION.
ANNEXURE A2:	CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN C.C.NO.153/2017 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALADY.
ANNEXURE A3:	AFFIDAVIT FILED BY RESPONDENT NO.3.
ANNEXURE A4:	AFFIDAVIT FILED BY RESPONDENT NO.4.
ANNEXURE A5 :	AFFIDAVIT FILED BY RESPONDENT NO.5.
ANNEXURE A6 :	AFFIDAVIT FILED BY RESPONDENT NO6.
RESPONDENT(S)'	ANNEXURES :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd.

B. KEMAL PASHA, J.

Crl.M.C.No.879 of 2018

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Dated this the 22^nd day of February, 2018

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Petitioners are accused Nos.1 and 2 in C.C.No.153/2017 of the Judicial First Class Magistrate's Court, Kalady, which has arisen from Crime No.381/2003 of the Kalady Police Station, for the offences punishable under Sections 420 and 120-B read with Section 34 of the Indian Penal Code.

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It seems that the matter has been

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amicably settled between the parties.

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On going through the facts and

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circumstances of the case, it seems that the matter can be permitted to be settled. No criminal antecedents have been

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reported against the petitioners. Respondents 3 to 6 have filed separate affidavits as Annexures A3 to A6, affirming that the matter has been amicably settled between them and the petitioners, and they have no complaints against

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Crl.M.C.No.879 of 2018 2

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the petitioners. Considering the fact that the matter has already been settled amicably between the parties, this court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all further proceedings against the petitioners herein, in C.C.No.153/2017 of the Judicial First Class Magistrate's Court, Kalady, which has arisen from Crime No.381/2003 of the Kalady Police Station, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners herein, in C.C.No.153/2017 of the Judicial First Class Magistrate's Court, Kalady, which has arisen from Crime No.381/2003 of the Kalady Police Station, are hereby quashed.

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Sd/-

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B.KEMAL PASHA, JUDGE

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Vijayan v. State of Kerala

Case brief

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Vijayan v. State of Kerala

Case brief

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