Akhil Raj @ Kannan v. the State of Kerala
Case brief
What is this about?
Accused sought quashment of criminal proceedings for sex offences citing settlement and marriage. Court declined to invoke Chapter XXI jurisdiction due to gravity of offences under IPC 376 and POCSO.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 24TH DAY OF JULY 2018 / 2ND SRAVANA, 1940
Crl.MC.No. 676 of 2018
AGAINST THE ORDER/JUDGMENT IN SC 55/2015 of SPECIAL COURT UNDER POCSO ACT, KOTTAYAM
CRIME NO. 469/2014 OF PALLICKATHODE POLICE STATION , KOTTAYAM
PETITIONER(S)/ACCUSED:
AKHIL RAJ @ KANNAN AGED 22 YEARS, S/O. RAJAN, VELLARAMPARA HOUSE, VALLICKADU, ETTUMANOOR P.O, KOTTAYAM DISTRICT.
BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH
SRI.PRAJIT RATNAKARAN
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
Issues for consideration
2 issues framed by the court
Whether the High Court can quash criminal proceedings for offences under sections 363, 366, 376 IPC and section 5(1) of POCSO Act upon settlement between parties.
Whether the fact of marriage and joint living between accused and complainant is a ground to quash proceedings for serious sexual offences.
Parties & counsel
- petitioner
Akhil Raj @ Kannan
- respondent
Vigi M. Biju
- respondent
The State of Kerala
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court