Allowed

Shyjan v. Josephina

Kerala HC16 Dec 2020Crl.MC/4967/2020

Case brief

AI extract

What is this about?

The Single Judge of the Kerala High Court allowed the petition to quash criminal proceedings under sections 451, 323, 294(b), 427, and 34 of the IPC. The court found the dispute settled amicably, held no public interest remained, and that continuing proceedings would be an abuse of process under precedent.

What did the court decide?

The Criminal Miscellaneous Case is allowed. The proceedings in C.C. No.1020 of 2019 are quashed.

Shyjan Vs Josephina — 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 V.G.ARUN

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WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

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Crl.MC.No.4967 OF 2020(A)

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AGAINST THE ORDER/JUDGMENT IN CC 1020/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI

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CRIME NO.6/2019 OF Palluruthy Police Station, Ernakulam

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PETITIONERS/ACCUSED NOS.1 TO 4:

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1 SHYJAN,

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AGED 30 YEARS, S/O. PONNAN, KOSHNAM VELY HOUSE, KACHERIPADY, PALLURUTHY,

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KOCHI - 682 006.

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2 JEEYESH,

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AGED 35 YEARS, S/O. GILBERT, MULLACKAL THAREPPARAMBIL HOUSE, PERUMBADAPPU, PALLURUTHY,

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KOCHI - 682 006.

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3 SHYJU, AGED 39 YEARS, S/O. HAMSA, KUZHIKKANDATHI HOUSE, PERUMBADAPPU, PALLURUTHY, KOCHI - 682 006.

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4 JANESWARAN,

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AGED 25 YEARS, S/O. PANDURANGAN, HOUSE NO.10/556, AMARAVATH, KOCHI - 682 001.

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BY ADV. SRI. M. H. HANIS

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RESPONDENTS/DEFACTO COMPLAINANT & STATE:

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1 JOSEPHINA, AGED 52 YEARS, W/O. FRANCIS, KALATHIPARAMBIL HOUSE, K. C. CHANDY ROAD, PALLURUTHY, KOCHI - 682 006.

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2 STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PALLURUTHY KASBA POLICE STATION, ERNAKULAM DISTRICT,

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Crl.MC.No.4967 OF 2020

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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*ADDL. ROCKY NITHIN K. F, R3 AGED 24 YEARS, S/O. FRANCIS, KALATHIPARAMBIL HOUSE, K. C. CHANDY ROAD, SDPY ROAD, PALLURUTHY, KOCHI – 682 006.

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*IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 16.12.2020 IN CRL. M.A 2/2020 IN CRL. M.C 4967/2020.

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SRI. C. S. HRITHWIK, SR.PP R1 & R3, SRI. P. A. MUJEEB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4967 OF 2020

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ORDER

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Dated this the 16th day of December 2020

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Petitioners are the accused in Crime No.6 of 2019 registered at Palluruthy Kasaba Police Station, for offences punishable under Sections 451, 323, 294 (b) and 427 read with Section 34 of the I.P.C, now pending as C.C. No.1020 of 2019 on the files of the Judicial First Class Magistrate Court - II, Kochi. The defacto complainant and the other injured person are arrayed as respondents 1 and 3. Annexures – B and C affidavits have been filed by respondents 1 and 3 stating that the dispute, which led to registration of the crime, has been

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settled amicably and they have no subsis ting grievance in the matter.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.

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Having considered the gravity of the offences alleged, nature of the injury caused and having perused the

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Crl.MC.No.4967 OF 2020

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affidavit filed by respondents 1 and 3, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. The proceedings in C.C. No.1020 of 2019 on the files of the Judicial First Class Magistrate Court - II, Kochi is quashed.

Sd/-

V.G.ARUN JUDGE

SPR

Crl.MC.No.4967 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE - A CERTIFIED COPY OF THE FINAL REPORT IN CC NO.1020/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURTII, KOCHI, ARISING FROM CRIME NO6/2019 OF PALLURUTHY KASABA POLICE STATION. ANNEXURE - B AFFIDAVIT OF THE 1ST RESPONDENT. ANNEXURE - C AFFIDAVIT OF THE ADDITIONAL 3RD RESPONDENT.

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RESPONDENT'S/S EXHIBITS: NIL.

Shyjan v. Josephina

Case brief

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Shyjan v. Josephina

Case brief

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