Allowed

Jijo John v. the State of Kerala

Kerala HC5 Feb 2020Crl.MC/110/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the criminal miscellaneous petition and quashed the proceedings in S.C. No.315/2016 against the accused for offences under IPC Sections 307, 326, and 449. The discharge was based on the amicable settlement recorded from the complainants and a final police report indicating no public interest in prosecution.

What did the court decide?

The criminal miscellaneous case was allowed and proceedings in S.C. No.315/2016 quashed under Section 482 Cr.P.C. with the accused discharged.

Jijo John Vs the State of Kerala — Quashing and FIR | Kerala HC (2020)

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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 ASHOK MENON

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WEDNESDAY, THE 05TH DAY OF FEBRUARY 2020 / 16TH MAGHA, 1941

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Crl.MC.No.110 OF 2020(C)

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AGAINST THE ORDER/JUDGMENT IN SC 315/2016 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, PATHANAMTHITTA

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CRIME NO.732/2013 OF Aramula Police Station , Pathanamthitta

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PETITIONER/ACCUSED:

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JIJO JOHN, AGED 34 YEARS, PARAPPATTU VEEDU, VAYALA KIZHAKKU MURIYIL, KOTTAKKAL VILLAGE, ANCHAL, KOTTARAKKARA, KOLLAM.

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BY ADV. SRI.V.S.THOSHIN

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RESPONDENTS/DEFACTO COMPLAINANT:

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

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2 THE SUB INSPECTOR OF POLICE VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM.

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3 VARGHEESE GEORGE @ AJAN, AGED 64 YEARS S/O.GEORGE, RESIDING AT BETHEL HOUSE, ARATTUPUZHA, AARANULLA VILLAGE, PATHANAMTHITTA (DEFACTO COMPLAINANT).

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4 ANNIE VARGHEESE, AGED 60 YEARS W/O.VARGHESE GEORGE, RESIDING AT BETHEL HOUSE, ARATTUPUZHA, AARANULLA VILLAGE, PATHANAMTHITTA.

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5 RENOY, AGED 23 YEARS S/O.VARGHESE GEORGE, RESIDING AT BETHEL HOUSE, ARATTUPUZHA, AARANULLA VILLAGE, PATHANAMTHITTA.

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R3-5 BY ADV. ASHISH GOPAL K.G SRI. RAMESH CHAND PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.110 OF 2020(C)

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The Lower Court Case Number “SC No.315/2016” araised from Crime No.732/2013 of Aramula Police Station, Pathanamthitta pending before the Additional District Court and Sessions Court-II, Pathanamthitta is corrected and substituted as “SC No.315/2015” in the cause title of the judgment as per order dated 26.06.2020 in Crl.M.A No.3/2020 in Crl.M.C No.110/2020.

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ASSISTANT REGISTRAR

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Crl.MC.No.110 OF 2020(C)

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ORDER

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Dated this the 5th day of February 2020

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The petitioner is the accused in SC No.315/2016 on the file of the IInd Additional District and Sessions Court, Pathanamthitta, for having allegedly committed offences punishable under Sections 449, 326 and 307 of the IPC.

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The defacto complainant and injured are

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the respondent Nos.3 to 5, who have appeared through counsel and filed affidavits to the

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effect that the matter has been amicably settled and that they have no grievance against the petitioner. A report to that effect has also been obtained from the Investigating

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Officer. The petitioner does not have any

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criminal antecedents. No public interest is

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involved. The injury sustained is not life

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Crl.MC.No.110 OF 2020(C)

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threatening.

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In the result, the Crl.M.C is allowed and the entire proceedings as against the petitioner in SC No.315/2016 on the file of the IInd Additional District and Sessions Court, Pathanamthitta, stands quashed under Section 482 of the Cr.P.C and the accused is

discharged.

Sd/-

ASHOK MENON

JUDGE

SPK

Crl.MC.No.110 OF 2020(C)

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The Lower Court Case Number “SC No.315/2016” araised from Crime No.732/2013 of Aramula Police Station, Pathanamthitta pending before the Additional District Court and Sessions Court-II, Pathanamthitta is corrected and substituted as “SC No.315/2015” in the judgment and petition as per order dated 26.06.2020 in Crl.M.A No.3/2020 in Crl.M.C No.110/2020.

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Sd/-

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DEPUTY REGISTRAR

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Crl.MC.No.110 OF 2020(C)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A THE CERTIFIED COPY OF THE FINAL REPORT IN S.C.NO.315/16 ARISED FROM CRIME NO.732/13 OF ARAMULA POLICE STATION, PATHANAMTHITTA PENDING BEFORE THE IIND ADDITIONAL DISTRICT AND SESSIONS JUDGE, PATHANAMTHITTA.

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ANNEXURE B THE COMPROMISE AFFIDAVIT OF 3RD RESPONDENT/CW1.

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ANNEXURE C THE COMPROMISE AFFIDAVIT OF 4TH RESPONDENT/CW2.

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ANNEXURE D THE COMPROMISE AFFIDAVIT OF 5TH RESPONDENT/CW3.

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RESPONDENT'S/S EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Jijo John v. the State of Kerala

Case brief

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What did the court decide?

Jijo John v. the State of Kerala

Case brief

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What did the court decide?

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