Hussain v. State of Kerala
Case brief
What is this about?
High Court of Kerala quashed criminal proceedings involving caste-based assault allegations after finding that the underlying boundary and property dispute between the parties had been fully resolved.
What did the court decide?
All further proceedings arising from Crime No. 799 of 2016 in Special Court SC/ST Manjeri are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940
Crl.MC.No. 1735 of 2018
AGAINST THE ORDER/JUDGMENT IN SC 929/2017 of SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI CRIME NO. 799/2016 OF PARAPPANGADI POLICE STATION , MALAPPURAM
PETITIONER(S)/ACCUSED 1 & 2:
- 1 HUSSAIN AGED 56 YEARS
- S/O.ALIKUTTY, KONIYATH HOUSE,
- PUTHENKADAPPURAM, PARAPPANANGADI P.O.,
- MALAPPURAM DISTRICT.
Issues for consideration
2 issues framed by the court
Whether criminal proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and IPC can be quashed when the dispute is resolved between the parties.
Whether the High Court can invoke its inherent jurisdiction to prevent abuse of process where justice demands quashing after settlement.
Parties & counsel
- petitioner
HUSSAIN
- petitioner
ASSAINAR
- respondent
STATE OF KERALA
- respondent
OMANA
Coram
Case details
As recorded by the court registry
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