Asha v. Vs State of Kerala
Case brief
What is this about?
Court quashed criminal proceedings against a juvenile accused for cheque-bouncing related offences after a settlement was reached between private parties. Holding that proceedings serve no purpose where the dispute is settled.
What did the court decide?
Criminal miscellaneous case allowed; Social Background Report and FIR quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 4TH DAY OF AUGUST 2022 / 13TH SRAVANA, 1944
CRL.MC NO. 3503 OF 2022
S.T. NO.14/2021 OF JUVENILE JUSTICE BOARD, KOLLAM
PETITIONER/S:
ASHA V AGED 21 YEARS D/O VINAYAPRABHA, ANIRUDHA VILLA, VISWANATHA GARDAN , LAKSHMI NAGAR, MUNDAKKAL VILLAGE, KOLLAM, 691010, PIN - 691010 BY ADVS. MANSOOR ALI BIJITH S.KHAN
RESPONDENT/S:
- 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682031, PIN - 682031
- 2 STATION HOUSE OFFICER, KOLLAM WEST POLICE STATION . KOLLAM CITY, KOLLAM.691001, PIN - 691001
Issues for consideration
2 issues framed by the court
Whether criminal proceedings for cheating and forgery can be quashed due to settlement of a private dispute.
Whether the case merits allowing quashing under Section 482 Cr.P.C. as no fruitful purpose would be served by continuing prosecution.
Parties & counsel
- petitioner
ASHA V
- respondent
STATE OF KERALA
- respondent
STATION HOUSE OFFICER, KOLLAM WEST
- respondent
PRADEEP KUMAR
Coram
Case details
As recorded by the court registry
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