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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
RAMASUNDARAM CHARUVILAPUTHENVEEDU – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. criminal proceedings initiated from civil disputes require clear evidence of criminal intent. (Para 1 , 2) |
| 2. allegations without substantive proof do not merit continuation of criminal proceedings. (Para 3 , 5 , 14 , 18) |
| 3. the court underscores the need to differentiate between civil obligations and criminal acts. (Para 6 , 12 , 13) |
| 4. legal definitions and case law guide the distinctions for prosecution under ipc for offences. (Para 7 , 8 , 9 , 11) |
| 5. final judgment quashes ongoing criminal proceedings due to lack of merit. (Para 19) |
ORDER
This Criminal Miscellaneous case is filed to quash the proceedings in CC No. 161/2015 on the file of the Chief Judicial Magistrate Court, Pathanamthitta arising from Crime No. 1899/2014 of Pathanamthitta Police Station. The above case is charge-sheeted against the petitioner alelging offences punishable under Secs. 420, 354, 294(b), 506(i) of the IPC and under Secs.118(d) and 120(o) of the Kerala Police Act (for short 'KP Act').
2. The prosecution case is that the petitioner with the intention to defraud and misappropriate money from the 2nd respondent entered into a contract with the 2nd respondent agreeing to do maintenance wor
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