Quashed

Jenson, v. Jogela Shipping Company Limited

Kerala HC21 Dec 2021Crl.MC/2644/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition under Section 482 CrPC to quash criminal proceedings registered for an offence under Section 280 IPC following a maritime collision. The court quashed the case as the defacto complainant settled with the shipping company, no public interest remained, and the investigating officer had no objection.

What did the court decide?

All proceedings in Crime No.13/2020 of Yellow gate police station are quashed and the petition is allowed.

Jenson, Vs Jogela Shipping Company Limited — Writ and Judicial Review | Kerala HC (2021)

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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 K.HARIPAL

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TUESDAY, THE 21^ST DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943

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CRL.MC NO. 2644 OF 2020

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(CRIME NO.4 OF 2020 OF FORT KOCHI COASTAL POLICE STATION, ERNAKULAM DISTRICT)

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PETITIONER/DEFACTO COMPLAINANT :

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1 JENSON, AGED 31 YEARS S/O. SEBASTIAN ADIMAI MAKAN, DOOR NO.3371, VILAVANCODE TALUK, KANYAKUMARI DISTRICT, STATE OF TAMILNADU. 2 ANTONY BOSCO, AGED 36 YEARS S/O. BOSCO, 26-316, MANJATHOPPU COLONY, VLLAVILAI, KANYAKUMARI, TAMILNADU, INDIA-629160. BY ADV M.T.SURESHKUMAR

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RESPONDENT/ACCUSED & STATE:

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*1 JOGELA SHIPPING COMPANY LIMITED, OF 80 BROAD STREET, MONROVIA, LIBERI, REPRESENTED BY STANN MARINE LTD., OF 15TH FLOOR, ALDGATE TOWER, 2 LEMAN STREET, LONDON E1 8QN. 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 3 THE STATION HOUSE OFFICER YELLOW GATE,POLICE STATION, P DEMELO ROAD,KARNAK BANDAR, MUMBAI PIN 400009 IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 25.02.2021 IN CRL.M.A.1/2021. BY ADV N.BIJA KRISHNA SR.PP - SRI. RENJITH T.R.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2021, THE

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COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.2644 of 2020

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ORDER

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The petitioner is the defacto complainant in Crime No.4/2020 of

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Fort Kochi police station which was registered alleging offence punishable under Section 280 of the IPC. The crime was registered when a Cargo ship by name Jogela bearing IMO No.009619402 had rammed in to the fishing boat 'Periya Nayaki' at Goa coast on 26.02.2020 at 03:20 hours. The defacto complainant and others had gone for fishing at that place and in the incident their boat sustained extensive damage. The crime was registered in Fort Kochi police station on 02.03.2020 on the strength of the information furnished by

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Jenson, driver of the boat. During the course of investigation, since the place of occurrence fell within Goa coast, in Yellow gate police station limits, the entire crime records were transmitted to that police station in Mumbai. The petitioners who are the defacto complainant and the owner of the boat have moved this court for quashing the proceedings on the ground of settlement reached with the first respondent the shipping company, which is the owner of the offending

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Crl.M.C.No.2644 of 2020

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ship. The defacto complainant and the 2^nd petitioner filed affidavits

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stating that the matter is settled and they are not interested in proceeding with the case.

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Even though the entire records have been transmitted to the Yellow gate police station, referring to Section 183 read with Section 186 (b) of the Cr.P.C, the learned counsel for the petitioners submits that this Court has still jurisdiction.

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The Station House Officer, Yellow gate police station was impleaded as additional third respondent. Pursuant to the notice issued from this Court, he has sent a communication on 02.08.2021 stating that investigation is under way, he has questioned the necessary witnesses and all have spoken about the settlement reached with the first respondent. It is further stated that he has no objection in quashing the proceedings.

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The offence alleged is under Section 280 of the IPC; the parties have reached a settlement and no public interest is involved in the case. This petition under Section 482 of the Cr.P.C has been filed by the defacto complainant and the owner of the boat themselves. They have also filed the Annexures A2 and A3 affidavits confirming

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Crl.M.C.No.2644 of 2020

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the settlement. In the circumstances, entire proceedings in Crime

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No.13/2020 of Yellow gate police station are quashed.

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Crl.M.C is allowed as above.

Sd/-

K.HARIPAL

JUDGE

Jms/21.12

//True Copy// P.A to Judge

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Crl.M.C.No.2644 of 2020

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	APPENDIX OF CRL.MC 2644/2020
PETITIONER ANNEXURES
ANNEXURE A1	A TRUE COPY OF FIR IN CRIME NO.4/2020 OF FORT KOCHI COSTAL POLICE STATION DATED 02/03/2020.
ANNEXURE A2	AFFIDAVIT BY THE 1ST PETITIONER HEREIN DATED 15/05/2020.
ANNEXURE A3	AFFIDAVIT BY THE 2ND PETITIONER HEREIN DATED 15/05/2020.

Jenson, v. Jogela Shipping Company Limited

Case brief

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Jenson, v. Jogela Shipping Company Limited

Case brief

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