Allowed

Jerry M R Paul v. State of Kerala

Kerala HC11 Oct 2023Crl.MC/723/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition to quash criminal proceedings pending against the petitioners in a matrimonial dispute. The court quashed the proceedings based on a settlement between the parties and found no public interest in continuing the trial.

What did the court decide?

Crl.M.C. No.723 of 2022 is allowed; all further proceedings in C.C. No.1277/2019 before the Magistrate Court at Attingal are quashed as against the petitioners.

Jerry M R Paul Vs State of Kerala — Writ and Judicial Review | Kerala HC (2023)

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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 GOPINATH P.

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WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA,

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CRL.MC NO. 723 OF 2022

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PETITIONERS/ACCUSED(A1) TO (A4):

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1JERRY M R PAUL
AGED 35 YEARS
SON REV V P M JAI PAUL,
RESIDING AT THALACHANVILA, CHERUVARAKONAM,
PARASSALA P O, THIRUVANANTHAPURAM, PIN-695 502.

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2 MABEL JAI PAUL

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AGED 71, WIFE OF REV V P M JAI PAUL,
RESIDING AT THALACHANVILA, CHERUVARAKONAM,
PARASSALA P O , THIRUVANANTHAPURAM,
PIN-695 502.

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3JIM M R PAUL
AGED 42, SON OF REV V P M JAI PAUL,
HOUSE NO 49, 4TH WEST CROSS, KAVALPADI ROAD,
NEARBY CMC MEDICAL COLLEGE, VELLOOR,
STATE OF TAMIL NADU, PIN-632 001.

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4 SUNAJA S RAJ

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AGED 36, WIFE OF JIM M R PAUL, HOUSE NO 49,
4TH WEST CROSS, KAVALPADI ROAD,
NEARBY CMC MEDICAL COLLEGE, VELLOOR,
STATE OF TAMIL NADU, PIN-632 001.

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BY ADVS.

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R.T.PRADEEP
BINDUDAS M
K C HARISH

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Crl.M.C. No.723 of 2022

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: 2 :

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RESPONDENTS/STATE & DE-FACTO COMPLAINANT:

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1STATE OF KERALA
THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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2JACQUELINE BENEDICT
AGED 30, DAUGHTER OF A E J BENEDICT, JEBENAM,
KJK HOSPITAL ROAD, NALANCHIRA P O ,
ULLOOR VILLAGE, THIRUVANANTHAPURAM, PIN-695 015.

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BY ADVS.

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VIPIN NARAYAN-SENIOR PUBLIC PROSECUTOR
SAJITHA
JOHNSON K.KURIEN(K/513/2010)
P.J.KOSHY(K/62/1987)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

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ON 11.10.2023, THE COURT ON THE SAME DAY PASSED THE

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FOLLOWING:

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Crl.M.C. No.723 of 2022

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: 3 :

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ORDER

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Dated this the 11^th day of October, 2023

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Petitioners are accused Nos.1 to 4 in Crime No.2026/2018 of Kazhakuttam Police Station, Thiruvananthapuram District, which is now pending as C.C. No.1277/2019 on the file of the Judicial First Class Magistrate Court-II, Attingal, alleging commission of offences punishable under Sections 506 and 498A of the Indian Penal Code.

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Learned counsel appearing for the petitioners would submit that the entire issues between the petitioners and the 2^nd respondent (the de facto complainant) have been settled. Learned counsel appearing for the petitioners also refers to Annexure-A4 affidavit (additional document produced along with Crl.M.A No.1/2023) executed by the 2^nd respondent to establish that the entire issues between the petitioners and the 2^nd respondent have been settled and the 2^nd respondent does not intend to continue with the proceedings against the petitioners.

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Learned counsel appearing for the 2^nd respondent affirms that the entire disputes between the petitioners and the

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Crl.M.C. No.723 of 2022

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: 4 :

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2^nd respondent have been settled and that the 2^nd respondent does not wish to continue with the proceedings against the petitioners.

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Having heard the learned counsel appearing for the petitioners, learned Public Prosecutor and the learned counsel appearing for the 2^nd respondent, I am of the view that this Crl.M.C. can be allowed on the ground of settlement. There is no public interest involved in continuing the proceedings against the petitioners. Therefore, in exercise of the jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure, further proceedings against the petitioners can be quashed on the ground of settlement.

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Accordingly, the Crl.M.C is allowed and all further proceedings in C.C. No.1277/2019 on the file of the Judicial First Class Magistrate Court-II, Attingal (Crime No.2026/2018 of Kazhakuttam Police Station) will stand quashed as against the petitioners.

Sd/-

GOPINATH P.

JUDGE

AMR

Crl.M.C. No.723 of 2022

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: 5 :

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APPENDIX OF CRL.MC 723/2022

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PETITIONER’S ANNEXURES

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Annexure 1CERTIFIED COPY OF F.I.R. DATED
21.11.2018 IN CRIME NO.2026/2018 OF
KAZHAKKOOTTAM POLICE STATION.

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Annexure 2CERTIFIED COPY OF FINAL REPORT DATED
31.10.2019 IN CRIME NO.2026/2018 OF
KAZHAKKOOTTAM POLICE STATION WHICH IS
NOW PENDING AS C.C. NO.1277/2019 BEFORE
JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, ATTINGAL.

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Annexure 3TRUE COPY OF O.P. (IDA) NO.89/2018
BEFORE FAMILY COURT, THIRUVANANTHAPURAM
DATED 16.1.2018.

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Annexure 4ORIGINAL AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 9.6.2023.

Jerry M R Paul v. State of Kerala

Case brief

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Jerry M R Paul v. State of Kerala

Case brief

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