VidhiSangh

Supreme Court of India · 31/07/2019

CHILAKAMARTHI VENKATESWARLU & ANR.V. STATE OF ANDHRA PRADESH & ANR. versus STATE OF ANDHRA PRADESH & ANR.

[2019] 10 S.C.R. 801 · 2019 INSC 847

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court declined to quash proceedings alleging an iron-rod assault, attempted blows to the head and threats to kill. The complaint and recorded statements disclosed the ingredients needed to proceed; the pending family partition dispute and assertion of a retaliatory complaint did not justify a preliminary trial of credibility. The accused’s claimed absence from the scene was a factual defence for trial.

Issues

  1. Whether the family dispute, alleged retaliatory motive and claimed alibi warranted quashing under section 482.

Held

Result

Appeal dismissed. High Court’s refusal to quash the criminal proceedings affirmed; factual defences remain for adjudication at trial, without a finding of guilt at this stage.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 801.