Shaji.K.M v. State of Kerala
Case brief
What is this about?
Single Judge quashment petition considering settlement of a dispute involving multiple accused and violent charges, ordering quashing of criminal proceedings in the interests of justice.
What did the court decide?
Crl.M.C. allowed and the criminal proceedings in S.C. No. 167/2016 quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 13TH DAY OF OCTOBER 2022 / 21ST ASWINA, 1944
CRL.MC NO. 4387 OF 2022
CRIME NO.286/2010 OF Nileswar Police Station, Kasargod
SC 167/2016 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -
I, KASARAGOD
PETITIONERS/ACCUSED:
- 1 SHAJI.K.M AGED 42 YEARS KOYANMOOLA HOUSE, PULIKKAL, MADIKAI, PIN - 671314
- 2 ORKOOL GANGADHARAN AGED 61 YEARS KOLIKKUNNU, ORKOOL, MADAIKAI GRAMAM, PIN - 671314
Issues for consideration
3 issues framed by the court
Whether criminal proceedings under non-compoundable IPC offences can be quashed via Section 482 CrPC upon settlement of the personal dispute.
Whether the alleged offence under Section 307 IPC is prima facie attracted based on the facts of the case.
Whether quashing the proceedings would serve the ends of justice or prevent abuse of process of the court.
Parties & counsel
- petitioner
SHAJI.K.M and Ors.
- respondent
STATE OF KERALA
- respondent
C.BALAKRISHNAN
- respondent
K.BINEESH
- respondent
BILSHA
- respondent
Case details
As recorded by the court registry
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