Varghese Thankan v. State of Kerala
Case brief
What is this about?
(null)ðFor
What did the court decide?
(null) The additional respondent is allowed. The entire proceedings under C.C.No.91/1989 are quashed. Conviction and sentence are set aside. Crl.R.P. is allowed as above.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 25TH DAY OF OCTOBER 2022/ 3RD KARTHIKA, 1944
CRL.REV.PET NO. 3172 OF 2004
Crl.Appeal No.78/2003 OF ADDITIONAL SESSIONS COURT,
THODUPUZHA DTD.18.10.2004
CC 91/1989 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
NEDUMKANDOM DTD.13.2.2003
REVISION PETITIONER/ACCUSED Nos.2 to 6:
1 VARGHESE S/O VARHESE KARIKOTTATHIL VEEDU, NETTITHOZHUKARA, ANAKKARA VILLAGE.
- 2 VARGHESE @ THANKAN S/O.THOMAS,PALAKKAMANNIL HOUSE,, NETTITHOZHUKARA, ANAKKARA VILLAGE.
Issues for consideration
3 issues framed by the court
Whether criminal proceedings for non-compoundable offences can be quashed on settlement despite prior conviction and sentence.
Whether the offences fall in the category of offences prohibited for quashing as per Gian Singh judgments.
Whether the ends of justice require quashing of proceedings upon compromise between parties.
Parties & counsel
- petitioner
VARGHESE S/O VARHESE
- petitioner
VARGHESE @ THANKAN S/O.THOMAS
- petitioner
RAJU S/O.MATHAI
- petitioner
VANARAJ @ RAJ S/O.NAYAKKARA MANIYAMPETTIYIL
- petitioner
ABRAHAM @ KUNJU
- respondent
Case details
As recorded by the court registry
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