Ponnappan v. State of Kerala
Case brief
What is this about?
High Court quashed criminal prosecution under IPC sections 452, 294(b), 354, 506(i) upon finding genuine amicable settlement between the accused and complainant via CPC Sec 482.
What did the court decide?
Prosecution in CC No.23/2015 quashed; petitioner released from prosecution; bail bond discharged.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937
Crl.MC.No. 7673 of 2015 ()
CC 23/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT - VIII, MARADU ERNAKULAM CRIME NO. 1718/2013 OF PANANGAD POLICE STATION , ERNAKULAM ==================
PETITIONER/ACCUSED:
PONNAPPAN, AGED 45 YEARS S/O. V.C.JOSEPH, VALIYAPARAMBU PANANGAD P.O., KUMBALAM, ERNAKULAM.
BY ADV. SRI.K.T.SAJU
RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-31.
Issues for consideration
2 issues framed by the court
Whether criminal proceedings under non-compoundable offences can be quashed upon amicable settlement between parties.
Whether settlement of a private dispute permits withdrawal of prosecution despite public charge.
Parties & counsel
- petitioner
PONNAPPAN
- respondent
STATE OF KERALA
- respondent
JENCY JOHNSON
- respondent
LISSY
- respondent
BENCY
Case details
As recorded by the court registry
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