Allowed

Mr. Dijo, v. the State of Kerala

Kerala HC15 Dec 2021Crl.MC/4750/2021

Case brief

AI extract

What is this about?

A criminal miscellaneous petition was allowed. The High Court quashed the FIR in a theft case involving the petitioner, noting his mental disorder, the private nature of the dispute, and the settlement reached with the complainant invoking powers under Section 482 Cr.P.C.

What did the court decide?

The criminal miscellaneous case allowed; the FIR in Crime No.480 of 2021 of Nedupuzha Police Station quashed.

Mr. Dijo, Vs the State of Kerala — Writ and Judicial Review | Kerala HC (2021)

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Crl.M.C.No.4750/2021

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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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 15^TH DAY OF DECEMBER 2021 / 24TH AGRAHAYANA,

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1943

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CRL.MC NO. 4750 OF 2021

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CRIME NO.480/2021 OF Nedupuzha Police Station, Thrissur AGAINST THE ORDER/JUDGMENT IN CRMP 736/2021 OF JUDICIAL

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MAGISTRATE OF FIRST CLASS -III, THRISSUR

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PETITIONER/ACCUSED:

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MR.DIJO, AGED 24 YEARS, S/O.JOJO, PALAMATTOM HOUSE, PRESIDENCY CROWN HEIGHT APARTMENTS, KATHRIKADAVU, ERNAKULAM.

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BY ADVS. S.SREEKUMAR (SR.) P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH MANJUNATH MENON SACHIN JACOB AMBAT HARIKRISHNAN S. ANNA LINDA V.J

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RESPONDENTS:

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1 THE STATE OF KERALA,

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

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2 THE STATION HOUSE OFFICER, NEDUPUZHA POLICE STATION, THRISSUR-680 007

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Crl.M.C.No.4750/2021

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3 MR.JEFFIN, S/O.THOMAS ANTONY, ANJILY VEEDU, KOORKENCHERY, OLLUR, THRISSUR-680 007.

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R3 BY ADV C.J.RONY

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R1 AND R2 BY SRI.T.R.RANJITH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.4750/2021

O R D E R

The petitioner is the sole accused in Crime No.1007 of 2021 of Ollur Police Station, which was re-registered as Crime No.480 of 2021 of Nedupuzha Police Station, alleging offences punishable under Section 379IPC. The allegation against the petitioner was that on 09.06.2021, the petitioner took away a Samsung X 21 5G mobile phone belonging to the 3^rd respondent/de facto complainant, without his consent and there by committed offence. 2. This Crl.M.C. is filed by the petitioner seeking to quash aforesaid FIR, which is produced as Annexure-B.

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Heard P.Martin Jose, the learned counsel for the petitioner, Sri.T.R.Ranjith, learned Public Prosecutor and learned counsel appearing for the 3^rd respondent.

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The learned counsel for the petitioner submits that, the petitioner is undergoing treatment for certain mental disorders and he has produced Annexure-E and Annexure-F medical certificates to substantiate the same. It was pointed out that alleged offence was committed while he was in a mentally disoriented state. It was further contended that now the matter has been settled with the de facto complainant and in order to

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Crl.M.C.No.4750/2021 4

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establish the same, Annexure-G affidavit has been submitted by the de facto complainant. A perusal of the aforesaid affidavit would indicate that the de facto complainant has acknowledged the settlement and also conveyed his no objection in terminating the proceedings against the petitioner prematurely, invoking powers of this Court under Section 482 Cr.P.C.

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Even though the allegation against the petitioner is serious, it is seen from the records that he is suffering from mental disorder. Apart from the above de facto complainant has also agreed to settle the matter and also conveyed his non objection in quashing the proceedings. Since the basic dispute is private in nature, I am of the view that proceedings against the petitioner can be quashed by invoking powers of this Court under Section 482 Cr.P.C.

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In the result, this Crl.M.C. is allowed and all further proceedings in Annexure-B FIR in Crime No.480 of 2021 of Nedupuzha Police Station is hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A.

JUDGE

DG/15.12.21

Crl.M.C.No.4750/2021

APPENDIX OF CRL.MC 4750/2021

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PETITIONER ANNEXURE

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Annexure A	TRUE COPY OF FIR IN CRIME NO. 1007/2021 OF OLLUR POLICE STATION.
Annexure B	TRUE COPY OF FIR IN CRIME NO. 480 OF 2021 OF NEDUPUZHA POLICE STATION.
Annexure C	TRUE COPY OF ORDER DATED 14.06.2021 IN CRL.M.P NO. 736 OF 2021 IN CRIME NO 1007/2021.
Annexure D	TRUE COPY OF LETTER DATED 06.11.2002 ISSUED BY THE DR. SHAJI CHERIAN, REFERRED THE PETITIONER TO DR. GEKO GEORGE, CONSULTANT PSYCHIATRIST.
Annexure E	TRUE COPY OF MEDICAL CERTIFICATE DATED 30.102012 ISSUED BY DR. K. SREEKUMAR, CLINICAL PROFESSOR, DEPARTMENT OF PSYCHIATRY AND BEHAVIOUR MEDICINE, AMRITA INSTITUTE OF MEDICAL SCIENCES.
Annexure F	TRUE COPY OF MEDICAL CERTIFICATE DATED 18.01.2014 AMRITA INSTITUTE OF MEDICAL SCIENCES.
Annexure G	AFFIDAVIT OF DEFACTO COMPLAINANT/ 3RD RESPONDENT.

Mr. Dijo, v. the State of Kerala

Case brief

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Mr. Dijo, v. the State of Kerala

Case brief

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