Majid v. Sidhique
Case brief
What is this about?
The Kerala High Court allowed a petition under Section 482 CrPC to quash criminal proceedings initiated for assault and causing hurt. The court held the offence was personal, accepted the out-of-court settlement, and considered further prosecution futile.
What did the court decide?
Criminal proceedings in C.C.No.192 of 2016 against the petitioner are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 7TH DAY OF JULY 2016/16TH ASHADHA, 1938
Crl.MC.No. 1839 of 2016 ()
CC. NO.192/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THODUPUZHA. CRIME NO. 1512/2013 OF THODUPUZHA POLICE STATION, IDUKKI DISTRICT.
PETITIONER/ACCUSED:
MAJID, S/O SALIM, KARADIKUNNEL HOUSE, VENGALLOOR KARA, KUMARAMANGALAM VILLAGE, IDUKKI DISTRICT.
BY ADV. SRI.S.MANUKUMAR.
RESPONDENTS/DEFACTO COMPLAINANT/STATE:
1. SIDHIQUE, S/O HASSANKUNJU MARATTIKUNNEL, THODUPUZHA KARA, THODUPUZHA VILLAGE, IDUKKI DISTRICT.
Issues for consideration
2 issues framed by the court
Whether the criminal proceedings under Sections 452, 506(ii), 326 and 323 IPC should be quashed on the-ground of out-of-court settlement and private nature of the offence.
Whether inherent powers under Section 482 CrPC can be invoked to quash proceedings after a compromise in a case of personal assault.
Parties & counsel
- petitioner
MAJID
- respondent
SIDHIQUE
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court