Allowed

Jeejo v. State of Kerala

Kerala HC4 Feb 2020Crl.MC/223/2020

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition filed by accused persons. Describing the underlying charges and citing a mediation settlement affidavit, the Court quashed the criminal proceedings against the petitioners and discharged them under Section 482 Cr.P.C.

What did the court decide?

The entire proceedings in C.C.No.1607/2014 were quashed under Section 482 Cr.P.C., and the petitioners were discharged.

Jeejo Vs State of Kerala — Quashing and FIR | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ASHOK MENON

¶4

TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941

¶5

Crl.MC.No.223 OF 2020(G)

¶6

AGAINST THE ORDER/JUDGMENT IN CC 1607/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA

¶7

CRIME NO.2377/2013 OF Kottarakkara Police Station, Kollam

¶8

PETITIONERS/ACCUSED NOS.1 TO 5:

¶9

1 JEEJO, AGED 41 YEARS, S/O.RAVEENDRAN, 'CHARUVILA VEEDU', NEAR JAWAHAR PARK, MUZHIKKODE KOTTATHALA PADINJARE MURI, PUTHOOR.P.O, KOLLAM DISTRICT.

¶10

2 VISALAN, S/O.GOVINDAN, 'CHAITHRAM',T.P.SOUTH MURI, HARIPPAD.P.O, ALAPPUZHA DISTRICT.

¶11

3 SABU, S/O GOPALAN, 'PIRAVIKKOTTU HOUSE',KIZHAKKEKKARA, KOTTARAKKARA.P.O,KOLLAM DISTRICT.

¶12

4 PREMANAND, S/O.BHASKARAN, 'INDEEVARAM',NEAR KALLAMALA LPS, KALLAMALA DESOM, AZHIYOOR, VADAKARA.P.O, KOZHIKODE DISTRICT.

¶13

5 VISHNU, S/O.RAVEENDRAN PILLAI, 'VISHNU VILASOM', PERUMKKULAM MURI, KOTTARAKKARA.P.O, KOLLAM.

¶14

BY ADV. SRI.M.SREEKUMAR

¶15

Crl.M.C.No.223 of 2020

¶16

¶17

RESPONDENTS/STATE & CW1:

¶18

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

¶19

2 SARATH KUMAR, S/O SASIDHARAN PILLAI, 'SARATH NIVAS',NEAR MINI INDUSTRIES, PLAKKODU,KARIPRA.P.O, KOLLAM-691509.

¶20

R1 BY SRI.C.S.HRITHWIK, SR.PP. R2 BY ADV. SRI.S.SREEKUMAR (SR.) R2 BY ADV. SRI.P.MARTIN JOSE R2 BY ADV. SRI.P.PRIJITH R2 BY ADV. SRI.THOMAS P.KURUVILLA R2 BY ADV. SRI.M.A.MOHAMMED SIRAJ R2 BY ADV. SHRI.HARIKRISHNAN S.

¶21

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶22

Crl.M.C.No.223 of 2020

¶23

¶24

O R D E R

¶25

Dated this the 4th day of February 2020

¶26

The petitioners are accused in C.C.No.1607/2014

¶27

on the file of the Judicial First Class Magistrate Court-I, Kottarakkara, for having allegedly committed the offences punishable under Sections 143, 147, 148, 452, 323, 324, 427 and 506(i) read with Section 149 of the I.P.C. The defacto complainant is the 2^nd respondent herein, who has appeared through a Counsel and has filed an affidavit at Annexure R1 stating that the matter has been amicably settled and that he has no existing grievance against the petitioners. The settlement was arrived in O.P.(C) No.3741/2013 filed before this Court, which was referred for mediation, and as per Annexure C at paragraphs 12 and 13 there is a specific reference made to the effect that C.C.No.1607/2014 on the file of the Judicial First Class Magistrate Court-I, Kottarakkara, shall be withdrawn and that he has no objection in quashing

¶28

¶29

Crl.M.C.No.223 of 2020

¶30

the proceedings. The 2^nd respondent herein is an employee of the petitioner-Company in O.P.(C) No. 3741/2013.

¶31

In view of the affidavit filed and in view of the mediation settlement arrived at between the parties, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in C.C.No.1607/2014 on the file of the Judicial First Class Magistrate Court-I, Kottarakkara, stands quashed under Section 482 of Cr.P.C. and the petitioners are discharged.

Sd/-

ASHOK MENON

JUDGE

dkr

Crl.M.C.No.223 of 2020

¶37

¶38

APPENDIX

¶39

PETITIONER'S/S ANNEXURES:

¶40

ANNEXURE A	CERTIFIED NO.2377/20 STATION.	COPY 13	OF OF	THE KOTT	FIR ARAKKA	IN CRIME RA POLICE
ANNEXURE B	CERTIFIED NO.1607/20 CLASS MAGI	COPY 14 ON STRATE	OF THE COU	FINA FILE RT-I,	L REP OF JUD KOTTARA	ORT IN CC ICIAL FIRST KKARA
ANNEXURE C	COPY OF CO IN O.P(C)N	MMON O.3741	JUDG /201	MENT 3 AN	OF THE D FAO	HIGH COURT NO.301/2013
	DATED 2.1 SETTLEMENT	2.201 DATED	9 A 26.	LONG 11.19	WITH .	TERMS OF

¶41

Crl.M.C.No.223 of 2020

¶42

Jeejo v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jeejo 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

Laiju Mathew, Vs Joseph Xavier

Muhammed Irshad.K Vs State of Kerala

Mithun Vs State of Kerala

Aniaogu Uchechukwa Paschal Vs State of Kerala

A.M.Gopalan Vs State of Kerala

Muhammad Vs State of Kerala