Azad v. State
Case brief
What is this about?
The High Court, exercising inherent jurisdiction under Section 482 Cr.P.C., quashed pending criminal proceedings arising out of a crime involving offences under IPC 143, 147, 341, 294(b), 323, and 149 IPC. The Court held that since the matter was amicably settled and witnesses withdrew support, the case should be quashed.
What did the court decide?
Crime No.134/2006 pending as C.C.No.2213/2010 has been quashed and the Criminal Misc. Case is allowed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939
Crl.MC.No. 4927 of 2016(E)
AGAINST THE ORDER/JUDGMENT IN CC 2453/2007 of J.M.F.C.-II, KOLLAM CRIME NO. 134/2006 OF KOLLAM EAST POLICE STATION, KOLLAM
PETITIONER(S):
AZAD S/O.SIDDIQUE, AGED 32 YEARS, VILAYIL VEEDU, KADAPPA MURI, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT.
BY ADV.SRI.B.MOHANLAL
RESPONDENT(S):
1. STATE
- REPRESENTED BY THE STATION HOUSE OFFICER,
Issues for consideration
2 issues framed by the court
Whether the High Court can quash non-compoundable criminal proceedings on account of a settlement between the offender and the victim.
Whether the substratum of the prosecution case has been lost to warrant the quashing of the remainder of the criminal proceedings.
Parties & counsel
- applicant
Azad
- respondent
State
- respondent
Akbar Shah
- respondent
Sreekumar
- respondent
Jinu Lal
Case details
As recorded by the court registry
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