Allowed

Kurien Jose v. State of Kerala

Kerala HC19 Nov 2021Crl.MC/3594/2021

Case brief

AI extract

What is this about?

This court allowed a Criminal Misc. Case filed by petitioners accused under Sections 354 and 354A IPC, quashing further proceedings in the police crime matter after the parties reached a private settlement and the de facto complainant expressed no interest in prosecution.

What did the court decide?

The Criminal Miscellaneous Case is allowed and the entire further proceedings against the petitioners in crime No. 724/2021 of Mattanchery Police Station are hereby quashed.

Kurien Jose Vs State of Kerala — Kerala HC (2021) — LawSathi Research

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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 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943

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CRL.MC NO. 3594 OF 2021

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CRIME NO.724/2021 OF MATTANCHERY POLICE STATION, ERNAKULAM

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PETITIONERS/ACCUSED:

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1KURIEN JOSE
AGED 53 YEARS
S/O. KURIEN JOSE, 31 BC, CHOICE FLAT,
NADAMA, THRIPUNITHURA, HILL PALACE,
ERNAKULAM-682301.

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2GEORGE M. AMBAT,
AGED 64 YEARS
S/O. V.T.MATHACHAN, PALLIPURAM AMBATT,
PALLITHAZHAM, VTC.MULAMTHURUTHY P.O.,
MULANTHURUTHY, KANAYANNUR, ERNAKULAM-682314.

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BY ADVS.
THOMAS J.ANAKKALLUNKAL
ABISHEK JOHNY
MARIA PAUL

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RESPONDENTS:

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

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2XXX
X
BY ADV C.ANILKUMAR (KALLESSERIL)
BY ADV RENJIT GEORGE, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3594 OF 2021

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ORDER

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This Crl.M.C. has been filed seeking to quash the entire proceedings against the petitioners in crime No.724/2021 of Mattanchery police station, which has been registered for the offences punishable under Sections 354 and 354A(2) of the Indian Penal Code.

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Annexure A is the copy of the FIR in crime No.724/2021. According to the learned counsel for the petitioners, there is also a counter case in connection with the same incident. Annexure B is the copy of the FIR in crime No.838/2021, counter case. Annexure C is the settlement agreement arrived at between the parties. Annexure D is the affidavit duly sworn in by the defacto complainant.

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Adv.C.Anilkumar appeared on behalf of the defacto complainant. He reports about the settlement arrived at between the parties.

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The learned Public Prosecutor filed copy of report of the SHO, along with copy of the signed statement of the defacto complainant.

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It has come out from the affidavit duly sworn in by the defacto complainant as well as the signed statement of the defacto

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CRL.MC NO. 3594 OF 2021

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complainant given to the SHO that the entire issues with the petitioners have been amicably settled. She is not interested to prosecute the matter further. She further categorically stated that she has no objection in quashing the further proceedings against the petitioners in the said crime.

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The entire issues between the parties are purely private in nature and no public interest is involved. Since the entire issues between the parties have been amicably settled out of court, continuation of the proceedings against the petitioners would be an abuse of process of court.

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In the result, Crl.M.C. allowed and the entire further proceedings against the petitioners in crime No.724/2021 of Mattanchery police station, is hereby quashed.

Sd/-

M.R.ANITHA

JUDGE

nkr

CRL.MC NO. 3594 OF 2021

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APPENDIX OF CRL.MC 3594/2021

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`PETITIONER ANNEXURE`
`Annexure A`	`A COPY OF THE FIR IN CRIME NO.724/2021 OF` `MATTANCHERY POLICE STATION.`
`Annexure B`	`A COPY OF THE FIR IN CRIME NO.838/2021 OF` `MATTANCHERY POLICE STATION.`
`Annexure C`	`A COPY OF THE SETTLEMENT AGREEMENT DATED` `5.8.2021 ENTERED BETWEEN THE 1ST` `PETITIONER, THE 2ND RESPONDENT AND MR.` `GOKUL DIVAKAR.`
`Annexure D`	`AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT.`

Kurien Jose v. State of Kerala

Case brief

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Kurien Jose v. State of Kerala

Case brief

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