Back
A. BADHARUDEEN
Arshad, S/o. Andru – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
(A. Badharudeen, J.)
This Criminal Miscellaneous Case has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 to quash Annexrue-A1 Final Report and all further proceedings in S.C.No.346/2024 on the files of the District and Sessions Court, Kozhikode arose out of Crime No.663/2023 of Nadapuram Police Station, Kozhikode. The petitioner herein is the accused in the above case.
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent/defacto complainant who is injured person. Also heard the learned Public Prosecutor, in detail. Perused the case diary and relevant materials available.
3. In this matter, the prosecution allegation is that, at about 01.15 pm on 26.09.2023, the accused who was in love affair with the de facto complainant wrongly restrained and assaulted the de facto complainant with intention to commit murder when the relationship was collapsed. The specific allegation is that the accused stabbed the de facto complainant using a knife saying “I will kill you” and thereby caused injury to her left shoulder. On this premise, the prosecution alleges commission of offences punishable under Sections 3
The court may quash non-compoundable offences under Section 307 IPC if injuries are not serious and parties reach a settlement.
(1) Compounding of offence – Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence.(2) Mere mention of....
The court emphasized the wide plenitude of inherent power and the need to exercise it in accord with the guideline to secure the ends of justice or to prevent abuse of the process of any court. It al....
The distinction between compounding offences and quashing proceedings is crucial; quashing may be warranted even for non-compoundable offences if a settlement exists.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
