Allowed

Abraham v.K., v. State of Kerala

Kerala HC12 Nov 2021Crl.MC/3062/2021

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings against petitioners accused of assault, trespass, and sexual harassment arising from a boundary dispute. The quashing was ordered following a successful mediation settlement and an affidavit confirming the completeness of the compromise and the private nature of the dispute.

What did the court decide?

Criminal proceedings against the petitioners in Crime No. 588/2021 at Piravom Police Station are quashed.

Abraham v.K., Vs State of Kerala — 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 MRS. JUSTICE M.R.ANITHA

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FRIDAY, THE 12^TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943

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CRL.MC NO. 3062 OF 2021

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PETITIONER/S:

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1 ABRAHAM V.K., AGED 66 YEARS S/O. KURIAKOSE ULAHANNAN, NAREKKATTU HOUSE, PIRAVOM P.O., ERNAKULAM DISTRICT-686664. 2 KUNJAMMA ABRAHAM @ SANTHA, AGED 66 YEARS, W/O. V.K. ABRAHAM, NAREKKATTU HOUSE, PIRAVOM P.O., ERNAKULAM DISTRICT-686664. BY ADVS. ALIAS M.CHERIAN K.M.RAPHY ANJALY ELIAS

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 BINCY GEORGE, AGED 45 YEARS, W/O. MANO K. THAMPY, KORAPPILLIL HOUSE, PIRAVOM P.O., ERNAKULAM DISTRICT-686664. BY ADV BRISTO S PARIYARAM

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3062 OF 2021

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ORDER

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Petitioners are the accused Nos. 1 and 2 in Crime No. 588/2021 of Piravom Police Station, which has been registered for the offence punishable under Sections 294(b), 341, 447, 427, 354, 354(b) and 323 r/w Section 34 of IPC.

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The prosecution case is that on 17.06.2021, out of a boundary dispute, the petitioners were alleged to have trespassed into the property of the defacto complainant and assaulted the defacto complainant and her father.

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Annexure A1 is the copy of the FIR in the said

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crime and Annexure A2 is the copy of the FIS. Annexure A3 is the copy of the compromise petition.

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Heard Adv. Alias M. Cherian, the learned counsel appearing for the petitioners, Adv. Bristo S. Pariyaram, learned counsel appearing for the defacto complainant as well as the learned Public Prosecutor.

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CRL.MC NO. 3062 OF 2021

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The learned counsel for the petitioners submits that the parties have amicably settled the disputes in the mediation in O.S. No. 157/2021 on the files of the Munsiff Court, Muvattupuzha. Copy of the mediation agreement has been produced as Annexure- A3. The learned counsel for the 2^nd respondent/defacto complainant has produced the affidavit duly sworn in by the defacto complainant. The learned Public Prosecutor produced a copy of the signed statement of the defacto complainant.

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It has come out from the affidavit of the defacto complainant as well as the statement of the defacto complainant given to the Station House Officer, Piravom Police Station that the entire issues between the petitioners and the defacto complainant/2^nd respondent have been amicably settled and compromise petition to that effect is also filed. All disputes between the parties are purely private in nature and no public interest is involved.

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In the result, Crl.M.C allowed. The entire further

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CRL.MC NO. 3062 OF 2021

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proceedings against the petitioners in Crime No. 588/2021

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on the file of Piravom Police Station is hereby quashed.

Sd/-

M.R.ANITHA JUDGE

avs

CRL.MC NO. 3062 OF 2021

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APPENDIX OF CRL.MC 3062/2021

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PETITIONER ANNEXURE

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Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 17/06/2021 IN CRIME NO.588/2021 ON THE FILE OF PIRAVOM POLICE STATION, PIRAVOM AND SUBMITTED ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM. Annexure A2 TRUE COPY OF COMPLAINT DATED 17/06/2021 IN CRIME NO.588/2021 ON THE FILE OF PIRAVOM POLICE STATION, PIRAVOM AND SUBMITTED ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM. Annexure A3 TRUE COPY OF COMPROMISE PETITION DATED 02/07/2021 ON THE FILE OF MUNSIFF COURT, MUVATTUPUZHA.

Abraham v.K., v. State of Kerala

Case brief

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Abraham v.K., v. State of Kerala

Case brief

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