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A. BADHARUDEEN
Sajeer. T – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure.A1 FIR in Crime No.773/2021 of Nadakkavu Police Station, Kozhikode.
2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the relevant materials available.
3. In this matter, the prosecution case is that the defacto complainant, who is a married lady having a child made acquaintance with the accused on 26.12.2016 and maintained relationship with him. In continuation of the same, they had sexual intercourse during the period from August 2017 to September 2021. In the First Information Statement given by the defacto complainant, the said fact is stated and also stated that the accused offered to marry the defacto complainant. It is on this premise, the prosecution alleges commission of offences punishable under Sections 376(1) and 376(2)(n) of IPC.
4. According to the learned counsel for the petitioner, both parties are not fit for marriage, since both are married and having children. The learned counsel for the peti
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Point of law: Offence under Section 376 of IPC being a sexual offence would fall in category of heinous and serious offences and are to be treated against society and not against an individual one an....
Point of Law : Rape - Amicable settlement - Quash of FIR - Inherit powers of High Court - Power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravit....
Proceedings can be quashed under Section 482 Cr.P.C. in cases of serious offences when a settlement is reached, provided the likelihood of conviction is minimal and supports the harmonious relationsh....
The power to quash criminal proceedings should be sparingly exercised, especially in cases involving heinous and serious offences with a societal impact. The ends of justice and prevention of abuse o....
The court can quash criminal proceedings under Section 482 Cr.P.C. if a voluntary compromise is reached and the likelihood of conviction is deemed remote.
The settlement between the parties and mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, can justify the quashing of criminal proceedings under Section 482 of the Code, especially in....
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