The court allowed two criminal miscellaneous petitions filed by accused persons. It held that since the matters settled out of court between the parties, the final reports in both criminal cases were quashed.
Affidavits sworn by defacto complainant accepted; final reports in both cases quashed; petitions allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 16TH DAY OF OCTOBER 2020 / 24TH ASWINA, 1942
Crl.MC.No.2844 OF 2019(E)
AGAINST THE ORDER/JUDGMENT IN CC 723/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATUPUZHA
CRIME NO.530/2018 OF MUVATTUPUZHA POLICE STATION, ENAKULAM
PETITIONER/ACCUSED:
XAVIER N.JOSEPH, AGED 49 YEARS, S/O. NARUTHURUTHY SHOURI JOSEPH, NARUTHURUTHY HOUSE, ANICADU, AVOLY P.O, MUVATTUPUZHA, ERNAKULAM-686 670
PRESENTLY WORKING AS GENERATOR MECHANIC, KBR-LOGCAPIV, U.S. ARMY, CAMP ERBIL, IRAQ.
BY ADVS. SMT.SIKHA G.NAIR SRI.AJEESH M UMMER
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2 SEENA JOBY, AGED 29 YEARS, W/O. JOBY GEORGE, EETTATHODU HOUSE, ANICADU, AVOLY P.O, MOOVATTUPUZHA, ERNAKULAM-686 670
R2 BY ADV. SRI.G.SREEKUMAR (CHELUR)
PUBLIC PROSECUTOR.SRI.RAMESH CHAND, SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.10.2020, ALONG WITH Crl.MC.4115/2019(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.2844/2019,Crl.MC.4115/2019 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 16TH DAY OF OCTOBER 2020 / 24TH ASWINA, 1942
Crl.MC.No.4115 OF 2019(D)
AGAINST THE ORDER/JUDGMENT IN CC 693/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATUPUZHA
CRIME NO.529/2018 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM
PETITIONER/SOLE ACCUSED:
JOBY GEORGE, AGED 41, S/O.GEORGE @ VARKEY, EATTATHOTTU HOUSE, ANIKADUKARA, AVOLI P.O., ERNAKULAM-686670.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/STATE OF KERALA AND COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
2 REMA ZAVIER, W/O.ZAVIER, NARUTHURUTHIL HOUSE, NADUKARABHAGOM, ANIKADUKARA, AVOLI P.O., ERNAKULAM-686670.
PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.10.2020, ALONG WITH CRL.MC.2844/2019(E), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.2844/2019,Crl.MC.4115/2019 3
ORDER
The matter settled out of court between the parties. The offences alleged are under Sections 278,294(b),506(i) r/w 34 IPC. As such, the affidavit sworn by the defacto complainant in both the case and counter case are accepted. Final report in both the cases are quashed by allowing Crl.M.Cs.
Both the Crl.M.Cs. are allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE
msp
//TRUE COPY// P.A. TO JUDGE
Crl.MC.2844/2019,Crl.MC.4115/2019 4
APPENDIX OF Crl.MC 2844/2019
PETITIONER'S/S EXHIBITS:
| ANNEXURE | A | TRUE COPY OF THE FIR IN CRIME NO. 530/2018 OF MUVATTUPUZHA POLICE STATION. |
|---|---|---|
| ANNEXURE | B | TRUE COPY OF THE FINAL REPORT IN CRIME NO. 530/2018 OF MUVATTUPUZHA POLICE STATION. |
| ANNEXURE | C | TRUE COPY OF E-TICKET ISSUED BY AIRLINES IN FAVOUR OF THE PETITIONER FOR HIS TRAVEL BETWEEN BAGDAD AND COCHIN ON 9TH JANUVARY, 2018 AND 21ST JANUVARY, 2018. |
| ANNEXURE | D | TRUE COPIES OF THE PAGES OF PASSPORT OF THE PETITIONER WITH IMMIGRATION ENDORSEMENT EVIDENCING THE DATE OF HIS EXIT FROM INDIA AND ENTRY TO IRAQ. |
| ANNEXURE | E | TRUE COPY OF THE COMPLAINT BEFORE THE DYSP, MUVATTUPUZHA DATED 26.01.2018. |
| ANNEXURE | F | TRUE COPY OF THE FINAL REPORT IN CRIME NO. 529/2018 OF MUVATTUPUZHA STATION. |
| ANNEXURE | G | TRUE COPY OF THE COMPLAINT FILED BEFORE THE RDO DATED 25.01.2018. |
| ANNEXURE | H | TRUE COPY OF PLAINT IN O.S. 149/2018 PENDING BEFORE THE MUNSIFF COURT, MUVATTUPUZHA. |
| ANNEXURE | I | TRUE COPY OF PLAINT IN O.S. 149/2018 PENDING BEFORE THE MUNSIFF COURT, MUVATTUPUZHA. |
| ANNEXURE | J | CERTIFIED COPY COMPLAINT FILED BY THE 2ND RESPONDENT TO THE CIRCLE INSPECTOR MUVATTUPUZHA |
| RESPONDE | NTS EXHIBITS: | |
| ANNEXURE |
R1 |
AFFIDAVIT FILD BY PETITIONER/RESPONDENT NO.2 |
Crl.MC.2844/2019,Crl.MC.4115/2019 5
APPENDIX OF Crl.MC 4115/2019
PETITIONER'S/S EXHIBITS:
| ANNEXURE I | A TRUE COPY OF THE F I R IN CRIME NO.529 OF 18 REGISTERED DATED 2.2.18 BY THE MUVATTUPUZHA POLICE STATION. |
|---|---|
| ANNEXURE II | A TRUE COPY OF THE FINAL REPORT IN CRIME NO.526 OF 2018 OF THE MUVATTUPUZHA POLICE STATION DATED 5.2.2018. |
| ANNEXURE III | A TRUE COPY OF THE SALE DEED IN THE NAME OF THE PARENTS OF THE PETITIONER DATED 14.9.2015 OF THE MUVATTUPUZHA S R O BEARING NO.3262 OF 2015. |
| ANNEXURE IV | A TRUE COPY OF THE PLAINT IN O.S.NO.149 OF 18 ON THE FILE OF THE MUNSIFF COURT, MUVATTUPUZHA DATED 12.3.18. |
| ANNEXURE V | A TRUE COPY OF THE ORDER OF INJUNCTION PASSED BY THE LEARNED MUNSIFF COURT, MUVATTUPUZHA IN I.A.NO.762 OF 18 IN O.S.NO.149 OF 2018 DATED 27.3.18. |
| ANNEXURE VI | A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN ANNEXURE 4 SUIT DATED 5.9.18. |
| ANNEXURE VII | A TRUE COPY OF THE STATEMENT OF THE WIFE OF THE PETITIONER TAKEN BY THE MUVATTUPUZHA POLICE DATED 2.2.18. |
| ANNEXURE VIII | A TRUE COPY OF THE STATEMENT GIVEN BY ONE CHAKOCHAN DATED 21.1.18. |
| ANNEXURE IX | A TRUE COPY OF THE STATEMENT GIVEN BY ONE VARKEY DEVASSIA DATED 27.3.18. |
| ANNEXURE X | A TRUE COPY OF THE STATEMENT GIVEN BY ONE MOLY CHAKOCHAN DATED 27.3.18. |
| ANNEXURE XI | A TRUE COPY OF THE FINAL REPORT IN CRIME NO.530 OF 2018 DATED 2.1.2018 OF THE MUVATTUPUZHA POLICE STATION NOW PENDING AS CC NO.723 OF 18 ON THE FILE OF THE LEARNED MAGISTRATE COURT, MUVATTUPUZHA. |
| ANNEXURE XII | A TRUE COPY OF THE ACKNOWLEDGMENT GIVEN BY THE MUVATTUPUZHA POLICE DATED 22.1.18. |
Crl.MC.2844/2019,Crl.MC.4115/2019 6
RESPONDENTS EXHIBITS:
ANNEXURE R1 AFFIDAVIT FILED BY RESPONDENT NO.2
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether the criminal miscellaneous petition regarding settlement of disputes and final report quashing is maintainable.
Whether the final reports in both the case and counter case are to be quashed allowing the petitions.
1 provisions across 1 enactments
XAVIER N.JOSEPH
SEENA JOBY
JOBY GEORGE
REMA ZAVIER
STATE OF KERALA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
