Joseph vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2021

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https://sooperkanoon.com/case/1654774

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Citation: sooperkanoon.com/1654774
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Jul 30, 2021
Case Number: Crl.MC/3179/2021

Parties & Advocates

Appellant / Petitioner

Joseph

Respondent

State of Kerala

Excerpt

.....this the 30th day of july 2021 the petitioners are accused in crime no.874/2020 of mala police station for having allegedly committed the offences punishable under sections 406 and 420 read with section 34 of the ipc.2. the only injured is the defacto complainant who is the third respondent herein. the petitioners stated that the matter has been amicably settled with the third respondent. the third respondent has appeared through counsel and filed an affidavit to theeffect that the matter has been amicably settled and he has no objection in quashing the proceedings as against the petitioners.3. the learned public prosecutor has also received instructions regarding the genuinenesscrl.mc.no.3179 of 2021 4 of the settlement. the petitioners have no criminal antecedents. in view of the fact that the injured have no objection against the petitioners, no purpose will be served by proceeding with the trial against the petitioners. there is no public interest involved. the main offences are compoundable.in the result, the crl.m.c is allowed. the entire proceedings as against the petitioners in crime no.874/2020 of mala police station stands quashed under section 482 of the crpc and the accused are discharged and set at liberty.sd/- ashok menon judge al/- crl.mc.no.3179 of 2021 5 appendix of crl.mc 3179/2021 petitioner annexure annexure a1 true copy of the fir in crime no.874/2020 of mala police station dated 13/06/2020. annexure a2 true copy of c.m.p.no.4253/2020 dated 29/05/2020 of judicial first class magistrate's court, chalakudy. annexure a3 true copy of affidavit dated 09/07/2021 executed by 3rd respondent. respondents exhibits : nil true copy.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 CRL.MC NO. 3179 OF 2021 CRIME NO.874/2020 OF Mala Police Station, Thrissur PETITIONER/ACCUSED:
1 JOSEPH AGED 54 YEARS S/O.LONAPP;AN, KONATH HOUSE, POYYA VILLAGE, KRISHNANKOTTA P.O., THRISSUR - 680 733. 2 NISHA JOSEPH AGED 46 YEARS W/O.JOSEPH, KONATH HOUSE, POYYA VILLAGE, KRISHNANKOTTA P.O., THRISSUR - 680 733. 3 MARIYA VALSA @ CHINNU AGED 26 YEARS W/O.LISHORE AND D/O.JOSEPH, MUTTIKKAL HOUSE, ELANTHIKARA, NORTH PARAVUR - 683 594. BY ADVS. PHILIP T.VARGHESE THOMAS T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA SHRUTHI SARA JACOB
RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 THE STATION HOUSE OFFICER MALA POLICE STATION, THRISSUR - 683 513. 3 FR. JACOB AGED 77 YEARS S/O.CHEEKU, KONATH HOUSE, KRISHNA KOTTA, POYYA, MALA - 680 733.

Crl.MC.No.3179 OF 2021 2 BY ADVS. SHEJI P.ABRAHAM C.P.UDAYABHANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.3179 OF 2021 3

O R D E R

Dated this the 30th day of July 2021 The petitioners are accused in Crime No.874/2020 of Mala Police Station for having allegedly committed the offences punishable under Sections 406 and 420 read with Section 34 of the IPC.

2. The only injured is the defacto

   complainant           who      is          the   third     respondent
   herein.       The petitioners stated that the matter
   has    been       amicably          settled       with     the    third
   respondent.        The       third    respondent         has   appeared
   through counsel and                 filed an affidavit to the

effect that the matter has been amicably settled and he has no objection in quashing the proceedings as against the petitioners.

3. The learned Public Prosecutor has also received instructions regarding the genuineness

Crl.MC.No.3179 OF 2021    4
       of    the    settlement.    The    petitioners           have   no
       criminal antecedents.           In view of the fact that
       the    injured    have     no    objection           against    the
       petitioners,      no    purpose     will       be      served   by
       proceeding       with      the     trial        against         the
       petitioners.      There     is     no      public        interest
       involved.     The main offences are compoundable.

In the result, the Crl.M.C is allowed. The entire proceedings as against the petitioners in Crime No.874/2020 of Mala Police Station stands quashed under Section 482 of the CRPC and the accused are discharged and set at liberty.

Sd/- ASHOK MENON JUDGE al/- Crl.MC.No.3179 OF 2021 5 APPENDIX OF CRL.MC 3179/2021 PETITIONER ANNEXURE Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.874/2020 OF MALA POLICE STATION DATED 13/06/2020. Annexure A2 TRUE COPY OF C.M.P.NO.4253/2020 DATED 29/05/2020 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT, CHALAKUDY. Annexure A3 TRUE COPY OF AFFIDAVIT DATED 09/07/2021 EXECUTED BY 3RD RESPONDENT. RESPONDENTS EXHIBITS : NIL TRUE COPY P.S TO JUDGE AL/-

Same Court & Year Kerala · 2021 Same Parties Joseph vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon