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Abhilash Kora vs State Of Kerala

High Court Of Kerala|21 October, 2014
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JUDGMENT / ORDER

The petitioners herein are the two accused in C.C 258/2011 of the Judicial First Class Magistrate Court, Changanacherry. They have been facing prosecution on the allegation that they assaulted a KSRTC driver in connection with some silly dispute. The driver who sustained injuries in the alleged incident is one Avarachan, who is the second respondent in this proceeding. The petitioners seek orders qashing prosecution on the ground that they and the KSRTC driver have amicably settled the whole dispute, and that the petitioners have also given compensation to the KSRTC for the loss sustained by the KSRTC. 2. Annexure III is the copy of the cash receipt obtained by the petitioner. It shows that the first petitioner has already made payment of damages to the KSRTC. Annexure IV is the copy of the certificate issued from the KSRTC that the corporation has no objection in quashing this prosecution. The second respondent has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint now. I am well satisfied that the parties have really settled the whole dispute, and the KSRTC has received adequate Crl. M.C No. 3418 of 2014 2 compensation from the petitioners. I find that continuance of prosecution in such a situation will not serve any purpose.
In the result, this petition is allowed. The prosecution as against the petitioners in C.C No. 258/2011 of the Judicial First Class Magistrate Court, Changanacherry will stand quashed under Section 482 Cr.P.C, and the petitioners will stand released from prosecution. The bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab
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Title

Abhilash Kora vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
21 October, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • B Pramod
  • Sri
  • B Pramod