Allowed

Laiju Mathew, v. Joseph Xavier

Kerala HC3 Feb 2020Crl.MC/4/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous case involving alleged offences under IPC Sections 452, 323, 324, and 326 read with Section 34, the High Court quashed the criminal proceedings upon the filing of an affidavit by the injured party stating that the matter was amicably settled and no grievance remained.

What did the court decide?

The criminal miscellaneous case was allowed and the entire proceedings under Crime No.1292/2019 were quashed.

Laiju Mathew, Vs Joseph Xavier — 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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MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941

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Crl.MC.No.4 OF 2020(A)

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CRIME NO.1292/2019 OF Keezhvaipur Police Station , Pathanamthitta

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PETITIONERS/ACCUSED 1 AND 2:

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1 LAIJU MATHEW, AGED 38 YEARS S/O. MATHEW, VAZHAKALAYIL HOUSE, (LAILA VILLA), NEAR KRISHNA TEMPLE AMAYANOOR, PATHANAMTHITTA DISTRICT.

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2 LAIJO MATHEW, AGED 35 YEARS S/O. MATHEW, VAZHAKALAYIL HOUSE, (LAILA VILLA), NEAR KRISHNA TEMPLE AMAYANOOR, PATHANAMTHITTA DISTRICT.

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BY ADVS. SRI.A.C.DEVY SRI.A.M.ABDULLA

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RESPONDENT/S:

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1 JOSEPH XAVIER AGED 42 YEARS S/O. XAVIER, VARGHESE, KOLLAMKARA HOUSE, NEAR MAILAMON CHURCH, MANTHANAM, KUNNAMTHANAM, PATHANAMTHITTA DISTRICT, KERALA, 689 581.

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2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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R1 BY ADV. P.JAYAN TOMY SRI. RAMESH CHAND PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4 OF 2020(A)

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ORDER

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Dated this the 3rd day of February 2020

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The petitioners are the accused in

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Crime No.1292/2019 of Keezhvaipur Police

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Station, for having allegedly committed offences punishable under Sections 452, 323, 324, 326 r/w Section 34 of the IPC.

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The only defacto complainant/injured is the first respondent, who has appeared through counsel and filed an affidavit to the effect that the matter has been amicably settled with the petitioners and that he has no grievance against them. A report to that effect has also been obtained from the Investigating Officer.

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Injuries are not life threatening. The

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petitioners do not have any criminal antecedents. No public interest is involved.

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Crl.MC.No.4 OF 2020(A)

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In the result, the Crl.M.C is allowed and

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the entire proceedings as against the

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petitioners in Crime No.1292/2019 of

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Keezhvaipur Police Station, stands quashed

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under Section 482 of the Cr.P.C.

Sd/-

ASHOK MENON

JUDGE

SPK

Crl.MC.No.4 OF 2020(A)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A A PHOTO COPY OF THE FIR IN CRIME NO. 1292/2019 REGISTERED BY THE KEEZHVAIPUR POLICE STATION DATED 21.11.2019.

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ANNEXURE B A TRUE NOTARIZED COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 03.01.2020.

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RESPONDENT'S/S EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Laiju Mathew, v. Joseph Xavier

Case brief

What is this about?

What did the court decide?

Laiju Mathew, v. Joseph Xavier

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

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