Allowed

Jijo Joseph v. State of Kerala

Kerala HC2 Dec 2021Crl.MC/3764/2021

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings in CC No. 733/2011 after hearing counsel and reviewing an affidavit from the complainant. Noting that the offenses were minor, the parties were relatives, and the matter was settled, the Court held continuing the trial served no purpose.

What did the court decide?

Entire proceedings in CC No. 733 of 2011 are quashed and the petitioners shall stand exonerated.

Jijo Joseph Vs State of Kerala — Quashing and FIR | 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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THURSDAY, THE 2^ND DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943

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CRL.MC NO. 3764 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CC 733/2011 OF JUDICIAL MAGISTRATE OF

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FIRST CLASS -II, KOLLAM

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PETITIONER/S:

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1 JIJO JOSEPH AGED 34 YEARS S/O. JOSEPH HENRY, JIJO COTTAGE, KANNANALLOOR CHERIYIL, NEAR MUSLIM PALLY, THAZHUTHALA VILLAGE, THAZHUTHALA P. O., KOLLAM DISTRICT - 691 571 (1ST ACCUSED)

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2 JUSTUS P. AGED 57 YEARS

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S/O. JOHN POULOSE, PUTHANPURA VEETTIL, KANNANALLOOR CHERIYIL, NEAR MUSLIM PALLY, THAZHUTHALA VILLAGE, THAZHUTHALA P. O., KOLLAM DISTRICT - 691 571 (2ND ACCUSED)

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3 JOSEPH HENRY AGED 66 YEARS S/O. HENRY, JIJO COTTAGE, KANNANALLOOR CHERIYIL, NEAR MUSLIM PALLY, THAZHUTHALA VILLAGE,THAZHUTHALA P. O., KOLLAM DISTRICT - 691 571 (3RD ACCUSED)

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BY ADV C.RAJENDRAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 BINOY CLEMENT AGED 38 YEARS

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S/O. CLEMENT, ELEVAN THAYYIL VEEDU,

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CRL.MC NO. 3764 OF 2021

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KOCHUPLAMOODU, PARICHERI CHERRY, EAST KALLADA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT - 691 502.

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BY ADV B.K.GOPALAKRISHNAN

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OTHER PRESENT:

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PP -SRI. M.C.ASHI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3764 OF 2021

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O R D E R

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Petitioners are the accused in CC No.733/2011 on the file of Judicial First Class Magistrate's Court-II, Kollam which arose from the final report in Crime No. 682 of 2011 of Kottiyam Police Station alleging offences under Sections 294(b), 341, 323, 324, 451 read with Section 34 of the IPC.

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The prosecution case is that on 14.06.2011 at 19.30 hours the accused persons, in furtherance of their common intention wrongfully restrained the 2^nd respondent, the de facto complainant, 2^nd accused had beat him with a wooden stick, whereas the 3^rd accused had stamped him near his right eye and caused him injuries. Now the petitioners have moved this Court under Section 482 of Cr.P.C. for quashing the proceedings on the premise that the matter stands settled with the 2^nd respondent.

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Heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel for the 2^nd respondent.

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The learned Public Prosecutor on getting instructions confirmed that the matter is settled and the 2^nd respondent doest not

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CRL.MC NO. 3764 OF 2021

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want to continue the proceedings. Moreover, the 2^nd respondent has filed an affidavit which is marked as Annexure A3. In the affidavit it is

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stated that the petitioners and 2^nd respondent are close relatives, the matter is settled and he has no further complaint against the petitioners, that there is no objection in quashing the proceedings.

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From the narration of the facts, it is certain that the 2^nd respondent had suffered only simple injuries. The offences alleged are minor in nature, they are relatives and have settled the matter out of Court. In the light of the clear statement of the 2^nd respondent that the matter is settled, there is no purpose in continuing the proceedings. Moreover, there is no public interest also involved in the proceedings.

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In the light of the above, entire proceedings in CC. No. 733 of 2011 on the file of Judicial First Class Magistrate's Court-II, Kollam are quashed and the petitioners shall stand exonerated.

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The Crl. Miscellaneous Case is allowed as above.

Sd/-

K.HARIPAL JUDGE

CRL.MC NO. 3764 OF 2021

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APPENDIX OF CRL.MC 3764/2021

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PETITIONER ANNEXURE

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ANNEXURE A1 A CERTIFIED PHOTOCOPY OF THE FIR NO.682/2011 OF KOTTIYAM POLICE STATION, KOLLAM.

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ANNEXURE A2

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A CERTIFIED PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.682/2011 OF KOTTIYAM POLICE STATION, KOLLAM IN CC NO.733/2011 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, KOLLAM.

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ANNEXURE A3

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ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT DATED 12.07.2021.

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// True Copy // PA To Judge

Jijo Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jijo Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

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