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Joy Mathew vs State of Kerala,

Joy Mathew vs State of Kerala,

Type Court Judgment Court Kerala Decided Jan 29, 2021
~3 min read
https://sooperkanoon.com/case/1593621

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/198/2021

Parties & Advocates

Appellant / Petitioner

Joy Mathew

Respondent

State of Kerala,

Excerpt

.....of well- wishers, the parties have resolved their entire disputes among themselves and as such there is no subsisting dispute between them. therefore, this petition to quash annexure a1 fir.4. learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioners. annexure a2 is the affidavit sworn to by her in support of the submission of the petitioners. the affidavit further indicates she has no intention to pursue the matter further.5. the learned public prosecutor has reported thatthe prosecution has no serious objection in allowing the petition. it is also submitted that as the dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose wouldbe served in proceeding with the case.6. on hearing the submissions of all concerned, and on perusal of the records as well on consideration ofthe special facts and circumstances involved in this case, i find that no fruitful purpose is likely to be served by proceeding with the matter against thispetitioners. moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioners. therefore, for the purpose of securing the ends of justice, this crl.m.c. is only to be allowed. for the foregoing reasons, annexure a1 fir and all further proceedings in crime no.1316 of 2020 of piravom police station will stand quashed as prayed for. sd/- shircy v. judge sb appendix of crl.mc 198/2021 petitioner's/s exhibits: annexure a1 true copy of the first information report in crime no.1316 of 2020 of piravom police station on the files of judicial first class magistrate piravom. annexure a2 an affidavit sworn by the second respondent dated stating the settlement of all the disputes.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 Crl.MC.No.198 OF 2021(D) CRIME NO.1316/2020 OF Piravam Police Station, Ernakulam PETITIONERS/ACCUSED NOS. 1 TO 3:

1 JOY MATHEW, AGED 56 YEARS S/O.MATHEW, MUNDACKATHADATHIL HOUSE, KOCHERITHAZHAM, MULAKKULAM NORTH, PIRAVOM, 2 JOSHY, AGED 30 YEARS S/O.JOY, MUNDACKATHADATHIL HOUSE, KOCHERITHAZHAM, MULAKKULAM NORTH, PIRAVOM, 3 JOBY, AGED 20 YEARS S/O.JOY, MUNDACKATHADATHIL HOUSE, KOCHERITHAZHAM, MULAKKULAM NORTH, PIRAVOM, BY ADVS. SMT.CHITRA JOHNSON SRI.JOHNSON VARGHESE

RESPONDENTS/STATE, CW1/DEFACTO COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 JAYA AGED 42 YEARS W/O.SUNIL.K.S., KANNACKAPARAMBIL HOUSE, KOCHERITHAZHAM NAMAKUZHY P.O., MULAKKULAM, PIRAVOM- 686 664. R2 BY ADV. SMITHA (EZHUPUNNA) R2 BY ADV. SRI.DHEERAJ KRISHNAN PEROT THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 29th day of January 2021 Petition under Section 482 of the Code of Criminal Procedure.

2. The petitioners are accused Nos. 1 to 3 in Crime No.1316 of 2020 of Piravom Police Station registered for the offences punishable under Sections 294(b), 341, 323, 354, 451 read with Section 34 of Indian Penal Code.

3. It is submitted by the learned counsel for the petitioners that due to the intervention of well- wishers, the parties have resolved their entire disputes among themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash Annexure A1 FIR.

4. Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioners. Annexure A2 is the affidavit sworn to by her in support of the submission of the petitioners. The affidavit further indicates she has no intention to pursue the matter further.

5. The learned Public Prosecutor has reported that

the prosecution has no serious objection               in allowing the
petition. It is also           submitted that     as the dispute has
been   amicably     settled,    the   possibility    of     conviction   is
remote and bleak and        therefore,      no useful purpose would

be served in proceeding with the case.

6. On hearing the submissions of all concerned, and on perusal of the records as well on consideration of

the special facts         and circumstances involved in               this
case, I find that no fruitful purpose                 is likely to be
served       by    proceeding     with    the   matter      against   this

petitioners. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed. For the foregoing reasons, Annexure A1 FIR and all further proceedings in Crime No.1316 of 2020 of Piravom Police Station will stand quashed as prayed for. Sd/- SHIRCY V. JUDGE sb APPENDIX OF Crl.MC 198/2021 PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1316 OF 2020 OF PIRAVOM POLICE STATION ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE PIRAVOM. ANNEXURE A2 AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED STATING THE SETTLEMENT OF ALL THE DISPUTES.

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