Achu v. State of Kerala
Case brief
What is this about?
High Court of Kerala allowed a criminal miscellaneous petition seeking quashing of proceedings in a criminal trial court. The court quashed the prosecution on the basis of an amicable settlement affirmed by the complainant.
What did the court decide?
All further proceedings in the criminal trial under SC 369/2014 are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 28TH DAY OF MARCH 2016/8TH CHAITHRA, 1938
Crl.MC.No. 1380 of 2016 ()
AGAINST THE ORDER IN SC 369/2014 of ADDL.ASST.SESSIONS COURT, KOLLAM CRIME NO. 678/2010 OF KILIKOLLOOR POLICE STATION, KOLLAM
PETITIONERS/ACCUSED NOS.1 TO 6 & 8:
- ACHU, AGED 23 YEARS S/0.SALIM, REVATHI, UNIVERSAL NAGAR 169, KILIKOLLOOR CHERRY, KILIKOLLOOR VILLAGE, KOLLAM DISTRICT.
- SYAM, AGED 24 YEARS
- S/O.RADHAKRISHNA PILLAI, THEKKEDATHU MELATHIL, CHANDANATHOPPU CHERRY, KOTTAMKARA VILLAGE, KOLLAM DISTRICT.
- SANOJ, AGED 25 YEARS SHAJAHAN, SANOJ MANZIL,VIDYANAGAR 112, NEAR CHUMADUTHANGI MUKKU, KARIKKODU CHERRY, MANGADU VILLAGE, KOLLAM DISTRICT.
Issues for consideration
2 issues framed by the court
Whether the criminal proceedings should be quashed given the amicable settlement between the parties.
Whether there are ingredients remaining to invite an offence under Section 308 IPC post-settlement.
Parties & counsel
- petitioner
Achu
- petitioner
Syam
- petitioner
Sanoj
- petitioner
Suresh
- petitioner
Vishnu Vijayan
- petitioner
Case details
As recorded by the court registry
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