Quashing Moral Policing Cases On Settlement Sends Wrong Message To Public : Kerala High Court
2 years, 9 months ago

Quashing Moral Policing Cases On Settlement Sends Wrong Message To Public : Kerala High Court

Live Law  

The Kerala High Court recently ruled that moral policing is an offence that involves mental depravity and that such cases cannot be quashed on the ground of settlement between the accused and complainant. Justice K. Haripal was adjudicating upon a case in which a violent mob had attacked an unarmed man for taking a woman belonging to a different community in his car. However, Senior Public Prosecutor Sanal T.R while confirming the settlement, objected to quashing the proceedings and argued that the accused were engaged in moral policing. As such, the Judge refused to quash the case against the accused citing that moral policing is an offence of mental depravity.

Court Settlement Kerala High Court Accused Ground Moral Moral Policing Wrong Message Policing Case Mental Depravity  proceedings  sends  kerala  quashing  court  wrong  message  mental  offences  policing  case  public  moral  high  settlement  accused  ground

History of this topic

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape
6 months, 2 weeks ago

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape

Live Law  

The Kerala High Court has held that in exceptional cases, the High Court by invoking its inherent powers under Section 482 of CrPC can even quash even criminal proceedings alleging the commission of an offence of rape under Section 376 of the Indian Penal Code. Therefore, by applying the principle holding the view that, in an exceptional case, even criminal …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 3 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

Kerala High Court Refuses To Quash Trial Court Proceedings Against Actor Unni Mukundan In Sexual Harassment Case
1 year, 7 months ago

Kerala High Court Refuses To Quash Trial Court Proceedings Against Actor Unni Mukundan In Sexual Harassment Case

Live Law  

The Kerala High Court on Tuesday dismissed an application filed by Malayalam film actor Unni Mukundan challenging an order of the Sessions Court that confirmed the order of the trial court refusing to discharge the actor in a case where he is facing prosecution for offences under Sections 354 and Section 354-B and Section 354-B of the Indian Penal Code,1860. …

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court
1 year, 11 months ago

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court

Live Law  

The Kerala High Court recently refused to quash an FIR against a man accused of attempt to murder under Section 307 of the Indian Penal Code, 1860 despite the dispute being settled between the accused and the de facto complainant. The first petition was for quashing the FIR filed against him and the second petition was to quash the order …

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court
3 years, 3 months ago

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court has held that a compromise of marriage between the parties is not a ground to quash the criminal proceedings against the accused under the provisions of POCSO.Justice V. Shircy while dismissing a petition under Section 482 of the Code of Criminal Procedure, remarked:"Rape is not only a very serious and inhumane offence …

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement
3 years, 5 months ago

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement

Live Law  

The Supreme Court quashed a rape case after taking into account the mediated settlement arrived between the accused and the prosecutrix.In this case, the girl had filed a complaint against the accused, alleging that he had sexual relationship with her by misrepresenting to her that he is divorced.The accused later approached the Delhi High Court seeking quashing of the criminal …

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor
3 years, 8 months ago

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor

Live Law  

In two cases, the Kerala High Court quashed charges of sexual assault against a 22-year-old man in light of his subsequent marriage to the prosecutrix. In the first case, a Bench comprising of Justice K Haripal recently quashed a chargesheet filed by the police in February 2019 charging the man with sexual assault and other charges under the Indian Penal …

Kerala High Court Seeks Details Of Disciplinary Proceedings Against Cops Accused Of Assaulting Lawyer
3 years, 10 months ago

Kerala High Court Seeks Details Of Disciplinary Proceedings Against Cops Accused Of Assaulting Lawyer

Live Law  

The Kerala High Court on Wednesday directed the state police chief to produce the details of complaints received against two police officers and also to inform if there are any disciplinary proceedings pending against them.A single bench of Justice N Nagaresh passed this order while hearing a writ petition filed by Advocate C S Hemalal, who alleged that he was …

Rape Case Can Be Quashed When Accused Married The Victim: Kerala HC [Read Order]
5 years, 7 months ago

Rape Case Can Be Quashed When Accused Married The Victim: Kerala HC [Read Order]

Live Law  

The Kerala High Court has quashed criminal proceedings against a rape accused who married the victim.The man was accused of offences punishable under Secs.366A, 376 and Secs.3 r/w 4 of the POCSO Act. The Kerala High Court has quashed criminal proceedings against a rape accused who married the victim. The victim also submitted before the court that it will be …

Discover Related