Ajitha v. Beena
Case brief
What is this about?
High Court quashed criminal prosecution against accused women alleging assault and other offences. Based on a genuine amicable settlement between parties, the court held continuing the trial was unnecessary and served no purpose under Section 482 CrPC.
What did the court decide?
Prosecution quashed under Section 482 CrPC; petitioners released; bail bond discharged.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937
Crl.MC.No. 7775 of 2015
CRIME NO. 4656/2013 OF ALUVA EAST POLICE STATION, ERNAKULAM IN C.C NO.704/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, ALUVA
PETITIONERS/ACCUSED 1 AND 2:
1. AJITHA, AGED 28 YEARS, D/O. JAMAL, CHAKKNAYIL HOUSE, MATTANCHERY VILLAGE, CHULLIKKAL, ERNAKULAM DISTRICT.
2. ANITHA, AGED 26 YEARS, D/O. JAMAL, CHAKKNAYIL HOUSE, MATTANCHERY VILLAGE, CHULLIKKAL, ERNAKULAM DISTRICT
BY ADVS.SRI.GEO PAUL
SRI.SANU MATHEW SRI.RADHIKA RAJASEKHARAN P. SRI.C.R.PRAMOD SRI.S.ASHOK KUMAR. SRI.LENIN P. SUKUMARAN
Issues for consideration
2 issues framed by the court
Whether the prosecution can be quashed under Section 482 CrPC due to an amicable settlement of the dispute despite non-compoundable offences.
Whether the continuance of prosecution serves any purpose given the genuine settlement between parties.
Parties & counsel
- petitioner
AJITHA
- petitioner
ANITHA
- respondent
BEENA
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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