2025 Supreme(Online)(Ker) 52171

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
KIRAN G. NATH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 2087 OF 2022 | CRIME NO.425/2021

The dismissal of a criminal case due to the death of the petitioner constitutes an abatement.

Headnote:Section 2 of the Code of Criminal Procedure outlines the procedure for filing a Criminal Miscellaneous Case. The petitioner in this case sought relief under CRL.MC NO. 2087 OF 2022, related to CRIME NO. 425/2021. The court noted the abatement due to the petitioner’s death and determined to dismiss the case accordingly. The primary issue framed by the court was whether the case should continue post the petitioner’s demise. The court reasoned that in light of the circumstances, further proceedings are unwarranted, thus leading to the dismissal of the Crl. M.C. As a result, the court dismissed the Crl. M.C as abated, reflecting the procedural propriety in such circumstances.