Xxx v. State of Kerala
Case brief
What is this about?
The High Court quashed criminal proceedings under Section 376 IPC against an accused because the charge involved a false promise of marriage, which is legally unenforceable, and the dispute between the parties was amicably settled.
What did the court decide?
All further proceedings pursuant to the Annexure 3 final report in C.P.No.13/2022 stand quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
CRL.MC NO. 3729 OF 2022
CRIME NO.1475/2021 OF Kadakkavoor Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENTCP 13/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I ,VARKALA
PETITIONER/ACCUSED:
XXXXXXXXXX
BY ADVS.AYYAPPAN SANKAR S.HRIDYA
RESPONDENTS/STATE, INVESTIGATING OFFICER & VICTIM:
Issues for consideration
1 issue framed by the court
Whether Section 376(2)(n) IPC is attracted in a case where the accused and victim are married and the offence arises from a false promise of marriage made by the accused.
Parties & counsel
- respondent
STATE OF KERALA
- respondent
SUB INSPECTOR OF POLICE, KADAKKAVOOR
Coram
KAUSER EDAPPAGATH
Case details
As recorded by the court registry
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