Sujith .v v. State of Kerala
Case brief
What is this about?
The High Court quashed criminal proceedings against the petitioner under Section 482 CrPC following an amicable settlement between the parties, holding that continuing the trial would be an abuse of process.
What did the court decide?
The petition is allowed and the criminal proceedings in C.C.No.2081 of 2012 along with the Final Report are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 31ST DAY OF OCTOBER 2016/9TH KARTHIKA, 1938
Crl.MC.No. 6681 of 2016 ()
AGAINST CC 2081/2012 of J.M.F.C.,KASARAGOD CRIME NO. 229/2012 OF BEDAKOM POLICE STATION , KASARGOD
PETITIONER/ACCUSED:
SUJITH .V AGED 28 YEARS, S/O.GANGADHARAN, BADAKKIKANDOM HOUSE, BEDAKOM VILLAGE, KASARAGOD
BY ADV. SRI.S.JIJI
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2. KUNHIRAMAN AGED 40 YEARS, S/O.NARAYANAN NAIR, POTHIYADUKKAM, BEDAKOM VILLAGE AND POST, KASARAGOD
Issues for consideration
2 issues framed by the court
Whether the High Court can quash criminal proceedings under Section 482 CrPC after an amicable settlement between the accused and the victim.
Whether quashing proceedings would prevent abuse of process of court and secure the ends of justice in a minor dispute.
Parties & counsel
- petitioner
SUJITH .V
- respondent
STATE OF KERALA
- respondent
KUNHIRAMAN
Coram
Case details
As recorded by the court registry
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