Musthafa v. Soman
Case brief
What is this about?
In a criminal miscellaneous case, the High Court of Kerala quashed further proceedings against the petitioners accused of offences under Sections 294(b), 341, 323, 324, and 308 read with Section 34 of the IPC, due to an amicable settlement and trivial injuries.
What did the court decide?
All further proceedings as against the petitioners in C.P.No.317 of 2015 based on the Final Report in Crime No.622 of 2015 are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 29TH DAY OF MARCH 2016/9TH CHAITHRA, 1938
Crl.MC.No. 1658 of 2016
CP.317/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM CRIME NO. 622/2015 OF KUTTIYADI POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED NO.1 & 2:
1. MUSTHAFA, AGED 21 YEARS,
- S/O.ABDUL SALAM HAJI, PUTHAN VEETTIL HOUSE,
- P.O.CHEEKKONNU WEST, VATAKARA THALUK.
2. MUHAMMAD ALI, AGED 20 YEARS,
- S/O.HAMEED, ELIYADATH HOUSE, NARIPPATTA AMSOM DESOM,
Issues for consideration
2 issues framed by the court
Whether further criminal proceedings should be quashed given the amicable settlement between parties.
Whether the ingredients for an offence under Section 308 IPC exist in light of trivial injuries.
Parties & counsel
- petitioner
Musthafo
- petitioner
Muhammad Ali
- respondent
Soman
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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