Rubais v. State of Kerala
Case brief
What is this about?
The Court allowed a criminal miscellaneous case to quash a final report under the CrPC due to a settlement between the parties, holding that personal disputes can be quashed despite non-compoundable offences.
What did the court decide?
The Criminal Miscellaneous Case is allowed; the Annexure A Final Report in C.C.No.10/2021 is quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 21ST DAY OF JULY 2022 / 30TH ASHADHA, 1944 CRL.MC NO. 2370 OF 2022
CRIME NO.481/2020 OF Vazhikadavu Police Station, Malappuram CC 10/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NILAMBUR
PETITIONER/ACCUSED:
RUBAIS AGED 30 YEARS S/O HAMZA, MADATHIL HOUSE, MADHALAPPARA, MARUTHA(PO),VAZHIKKADAVU, MALAPPURAM DISTRICT. PIN - 679333
BY ADV RAJAN KUDUMBATHIL
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 FIDHA FAHMI AGED 21 YEARS D/O HAMZA, KOTTAGODAN (H) NAROKKAVU, PALEMADU (P.O), NILAMBUR TALUK, MALAPPURAM DISTRICT. PIN - 679331
Crl.M.C.No.2370/2022
Issues for consideration
2 issues framed by the court
Whether criminal proceedings under Sections 498-A and 406 IPC can be quashed on grounds of settlement between parties.
Whether the dispute is personal in nature and does not affect public interest.
Parties & counsel
- petitioner
RUBAIS
- respondent
STATE OF KERALA
- respondent
FIDHA FAHMI
Coram
Case details
As recorded by the court registry
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