Joy Joseph v. State Fo Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 --------------------------- CC 113/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ERATTUPETTA. ..........
PETITIONER(S)/ACCUSED:
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1. JOY JOSEPH AGED 44, S/O.JOSEPH, KIZHAKKEKARA HOUSE, KEEZHAMPARA KARA, THALAPPALAM, KOTTAYAM.
2. BABU JOSE, AGED 41, S/O.JOSEPH, KIZHAKKEKARA HOUSE, KEEZHAMPARA KARA, THALAPPALAM, KOTTAYAM.
3. ELIAMMA JOSEPH, AGED 74, W/O.JOSEPH, KIZHAKKEKARA HOUSE, KEEZHAMPARA KARA, THALAPPALAM, KOTTAYAM.
4. JESSY JOY, W/O.JOY, AGED 39, KIZHAKKEKARA HOUSE, KEEZHAMPARA KARA, THALAPPALAM, KOTTAYAM.
5. BINDHU, AGED 34, W/O.BABU, KIZHAKKEKARA HOUSE, KEEZHAMPARA KARA, THALAPPALAM, KOTTAYAM.
6. V.M.GEORGE, AGED 73, S/O.MATHAI, VELLIYAMKULATHI HOUSE, CHENNATTU KARA, CHENNADU.P.O., ERATTUPETTA, KOTTAYAM.
7. N.J.PIOUS, AGED 62, S/O.JOSEPH, MANNARAKATHU HOUSE, CHENKARA, IDUKKI, KUMALI VILLAGE.
8. M.K.PUSHKARAN, AGED 68, S/O.KARUNAKARAN, MALIEKKAL HOUSE, THEKKEKARA, POONJAR.P.O., KOTTAYAM.
BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM --2--
--2-- ---------------------------------- RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE SUB INSPECTOR OF POLICE, POLICE STATION, ERATTUPETTA - 686 121.
3. SMT.MARY JOSEPH, AGED 71, D/O.JOSEPH, KIZHAKKAL HOUSE, CHITTANAPPARA BHAGOM, THALAPPALAM, KOTTAYAM, PLASSANAL.P.O. - 686 579. R1 & R3 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH R3 BY ADV. SRI.P.RAVEENDRAN PILLAI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
---------------------------------- APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE A1 :
CERTIFIED COPY OF FINAL REPORTR IN C.C.113/13 SUBMITTED BY THE 2ND RESPONDENT BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, ERATTUPETTA.
ANNEXURE A2 :
ORIGINAL AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT. RESPONDENTS' ANNEXURS:
NIL.
//TRUE COPY// P.S. TO JUDGE mbr/
K. ABRAHAM MATHEW, J.
---------------------- Crl.M.C. No.2018 of 2015 -------------------------------------------- Dated this the 25th day of June 2015
O R D E R
Petition filed under Sec.482 Cr.P.C.
2. Petitioners are accused in C.C. No.113 of 2013 on the file of the Judicial First Class Magistrate Court, Erattupetta. They are charged with having committed the offences under Secs.120B, 419, 465 and 471 read with Sec.34 of the Indian Penal Code. It is submitted that the dispute between the parties has been settled. The request is to quash the proceedings in the criminal case.
3. Heard the learned counsel for the petitioners and for the 3rd respondent and the learned Public Prosecutor.
4. The 3rd respondent has filed an affidavit to the effect that the dispute has been settled and she has no objection to the proceedings in the criminal case being quashed. The parties are close relatives. I am satisfied that the matter has been settled and no public interest is
Crl.M.C. No.2018 of 2015 2 involved in this case. This is a fit case to invoke the jurisdiction of this Court under Sec.482 Cr.P.C. to quash the proceedings in the criminal case.
In the result, this Crl.M.C. is allowed. The proceedings in C.C. No.113 of 2013 on the file of the Judicial First Class Magistrate Court, Erattupetta are quashed.
Sd/- K.ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge