Irshad, v. State of Kerala
Case brief
What is this about?
Petition filed to quash criminal proceedings registered for offences u/s.498A IPC. High Court allowed quash order based on settlement between parties, citing civil flavour and abuse of process.
What did the court decide?
Quashing of all further proceedings in crime No.1098/2020 of Kallambalam Police Station.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
MONDAY, THE 15TH DAY OF NOVEMBER 2021 / 24TH KARTHIKA, 1943
CRL.MC NO. 3192 OF 2021
CRIME NO.1098/2020 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM
DISTRICT
PETITIONERS/ACCUSED:
1 IRSHAD, AGED 42 YEARS
S/O.ALIYARKUNJU, NOUSHAD MANZIL, VAIRAMALA, NAVAIKULAM VILLAGE, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT.
- 2 JAMEELA BEEVI,
AGED 63 YEARS
Issues for consideration
3 issues framed by the court
Whether proceedings in offence u/s.498A IPC can be quashed upon settlement between parties arising from matrimonial dispute
Whether continuation of criminal proceedings amounts to abuse of process of law given the settlement
Whether the dispute is private in nature involving no public interest
Parties & counsel
- petitioner
IRSHAD
- petitioner
JAMEELA BEEVI
- respondent
STATE OF KERALA
- respondent
SHAHIRA BEEVI
Coram
Case details
As recorded by the court registry
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