Lawstreet Journal

Criminal Culpable Offence Shall Not Be Inherited By Heirs, Death Of An Accused Abates The Charges: Madras HC [Read Order]

Lawstreet Journal 9 Oct 2019 4:41pm

Image courtesy: Lawstreet Journal Judiciary Criminal Culpable Offence Shall Not Be Inherited By Heirs, Death Of An Accused Abates The Charges: Madras HC [Read Order]

The Madras High Court on February 4, 2016, in the case of M/s. Lakshmi Metal Works v. State, has reiterated that a criminal culpable offence shall not be inherited by the heirs. Once the accused died, the charge against the accused will be dismissed as abates.

A single judge bench comprising of Justice R. Mala passed the ruling while hearing a petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to quash the case against the petitioners/Accused No. 3, 4.

In this case, the complainant filed a complaint against the first and second accused, parents of A4 for the offences punishable under Sections 120(B) and 420 of the Indian Penal Code, 1860. It was the case of the complainant that the first accused borrowed money from him on several occasions with an intention to cheat the complainant.

After investigation, the state registered a case and filed a charge sheet against A1 to A4, since A1 has died on 05.01.2013, his son was added as an accused (A4) and A3 proprietary concern was also cited as an accused. Aggrieved with this, the son (A4) moved the High Court.

Judgment

After hearing both the parties, the court held that “It is well settled law that a criminal culpable offence shall not be inherited by their heirs. Once the accused died, the charge against the accused has been dismissed as abates. So the first respondent in his counter has stated that the Lakshmi Metal… Continue Reading...


Tagged: Madras High Court  
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