Rakesh v. State of Kerala
Case brief
What is this about?
High Court allowed Crl.M.C. to quash Final Report in criminal case involving Sections 406, 498A and 34 IPC. Court held parties settled amicably and quashing warranted in facts.
What did the court decide?
Crl.M.C. allowed; Annexure-2, Final Report in Crime No. 566/2014 quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 19TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA, 1944
CRL.MC NO. 5705 OF 2022
AGAINST THE ORDER/JUDGMENTCC 2159/2014 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KOLLAM
PETITIONERS/ACCUSSED NOS. 1 TO 4:
1 RAKESH
AGED 43 YEARS
S/O.DEVARAJAN PILLAI, RAKESH BHAVAN, NADUVILAKKARA
CHERRY, MAYYANAD VILLAGE, KOLLAM DISTRICT - , PIN
- 691303
2DEVARAJAN PILLAI
AGED 72 YEARS
S/O.RAMAN, RAKESH BHAVAN, UMAYANALLOOR,
NADUVILAKKARA CHERRY, MAYYANAD VILLAGE, KOLLAM
DISTRICT - 691303
Issues for consideration
2 issues framed by the court
Whether criminal proceedings under Sections 406, 498A and 34 IPC can be quashed under S. 482 Cr.P.C. due to settlement.
Whether the offence of bigamy (Section 498A IPC) attracts a bar on compounding despite the Apex Court precedents.
Parties & counsel
- petitioner
RAKESH
- petitioner
DEVARAJAN PILLAI
- petitioner
THANKAMANI
- petitioner
RAKHI
- respondent
STATE OF KERALA
- respondent
Case details
As recorded by the court registry
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