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Abhijith

High Court Of Kerala|25 November, 2014
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JUDGMENT / ORDER

The petitioners herein are the accused in C.C.No.567/2014 before the Judicial First Class Magistrate Court, Alathur. Crime in the said case was registered under sections 143, 147, 148, 323, 324, 294(b), 506(1) and 308 IPC read with section 149 IPC on the complaint of one Shyam. The incident alleged by the prosecution happened in the campus of the N.S.S. College, Nenmara in connection with a student fight involving two factions. Now the petitioners seek orders quashing prosecution under section 482 of the Cr.P.C. on the ground that they and the injured persons have settled the dispute amicably. The defacto complainant Shyam and the other student Bijulal are the respondents 1 and 2 herein. They have filed affidavit to the effect that they have no grievance or complaint.
2. I am well satisfied that there is a real and genuine settlement between the parties, and that the parties are now on quite cordial terms within campus and beyond campus. In such a Crl.M.C.No.6650 of 2014 2 situation, continuance of prosecution will not serve any purpose, and it will cause harm and hardship to both sides.
In the result, the petition is allowed. The prosecution against the petitioners in C.C.No.567/2014 of the Judicial First Class Magistrate Court, Alathur, will stand quashed under section 482 of the Cr.P.C. Accordingly the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P. UBAID, JUDGE vpv
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Title

Abhijith

Court

High Court Of Kerala

JudgmentDate
25 November, 2014
Judges
  • P Ubaid