Allowed

Marykutty v. State of Kerala

Kerala HC3 Apr 2024Crl.MC/3959/2023

Case brief

AI extract

What is this about?

Second accused sought quashing of FIR and final report for offences under Sections 323, 324 and 427 read with Section 34 IPC. The defacto complainant filed an affidavit confirming settlement. The High Court allowed quashing to facilitate peaceful living of the parties.

What did the court decide?

Annexure A1 FIR with statement dated 28.05.2013, Annexure A2 Final Report dated 20.06.2013 in C.C. No.908/2019 and all proceedings thereof quashed.

Marykutty Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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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 A. BADHARUDEEN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946

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CRL.MC NO. 3959 OF 2023

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CRIME NO.867/2013 OF ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA

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AGAINST THE ORDER/JUDGMENT IN CC NO.908 OF 2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, ALAPPUZHA

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PETITIONER/2ND ACCUSED:

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MARYKUTTY
AGED 56 YEARS
W/O. RAJU ONKAR DMODAR, PLOT NO. 11, GATE
NO.51/1/1, KASINATH NAGAR, NEAR DYANDEV NAGAR,
JALGOAN, MAHARASHTRA - 425 001, FROM VADAKEVELI
HOUSE, THONDANKULANGARA WARD, AMBALAPUZHA TALUK,
ALAPPUZHA DISTRICT, PIN - 688013

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BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
BIJILY JOSEPH
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
MEDHA B.S.

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 THE STATION HOUSE OFFICER ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA DISTRICT - 688 012, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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Crl.M.C. No.3959 OF 2023

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3ANNAMMA FRANCIS AGED 51 ( SOUGHT TO BE
IMPLEADED )
W/O. VARGHEESE, VADAKKEVEETIL, THONDANKULANGARA
WARD, NEAR TRIVENI VAYANASHALA, ALAPPUZHA ( SOUGHT
TO BE IMPLEADED )
BY ADVS.
SRI. M. P. PRASHANTH – PUBLIC PROSECUTOR
K.S.HARIHARAPUTHRAN
PINKU MARIAM JOSE(K/749/2015)
K.M.FATHIMA(K/003174/2022)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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Crl.M.C. No.3959 OF 2023

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A. BADHARUDEEN, J.

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-----------------------------------------------Crl.M.C. No. 3959 of 2024

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Dated this the 3^rd day of April, 2024

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ORDER

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This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A1 FIR along with statement dated 28.05.2013 and Annexure A2 Final Report dated 20.06.2013 in C. C. No.908/2019 on the files of the Judicial First Class Magistrate Court-I, Alappuzha arose out of the Crime No.867/2013 of the Alappuzha North Police Station, Alappuzha. Petitioner herein is the accused No.2 in the above case.

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Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

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Crl.M.C. No.3959 OF 2023

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In this matter, offences punishable under Sections 323, 324 and 427 read with Section 34 of the Indian Penal Code are alleged to have been committed by the accused and the defacto complainant is the sister of the second accused.

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The matter has been settled in between the parties and the defacto complainant/injured filed an affidavit in support of settlement and also on the submission that she has no grievance further in this matter, involving minor offences under Sections 323, 324 and 427 read with Section 34 of IPC.

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Since the matter has been settled, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties. Therefore, in the interest of justice, I am inclined to allow this petition.

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In the result, this petition stands allowed and Annexure A1 FIR along with statement dated 28.05.2013 and Annexure A2 Final Report dated 20.06.2013 in C. C. No.908/2019 on the files of the Judicial First Class Magistrate Court-I,

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Crl.M.C. No.3959 OF 2023

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Alappuzha arose out of the Crime No.867/2013 of the Alappuzha North Police Station, Alappuzha, and the proceedings thereof stand quashed.

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Sd/-

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A. BADHARUDEEN JUDGE

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Crl.M.C. No.3959 OF 2023

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APPENDIX OF CRL.MC 3959/2023

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PETITIONER‘S ANNEXURES
Annexure A1TRUE COPY OF FIRST INFORMATION REPORT
(FIR) ALONG WITH STATEMENT DTD.
28.05.2013 IN CR. NO. 867 OF 2013 OF
ALAPPUZHA NORTH POLICE STATION
Annexure A2CERTIFIED COPY OF FINAL REPORT DTD.
20.06.2013 IN CR. NO. 867 OF 2013 OF
ALAPPUZHA NORTH POLICE STATION
Annexure A3CERTIFIED COPY OF JUDGMENT DTD.
31.05.2019 IN C.C. NO. 1793 OF 2013 OF
THE JUDICIAL FIRST CLASS MAGISTRATE'S
COURT-I, ALAPPUZHA
Annexure A4CERTIFIED COPY OF WOUND CERTIFICATE DTD.
23.05.2013 ISSUED FROM GENERAL HOSPITAL,
ALAPPUZHA

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RESPONDENT’S ANNEXURES: NIL

Marykutty v. State of Kerala

Case brief

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Marykutty v. State of Kerala

Case brief

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