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Ajith Kumar @ Aji

High Court Of Kerala|16 December, 2014
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JUDGMENT / ORDER

The petitioner herein is the sole accused in Crime No.1579 of 2014 of the Pallithottam Police Station of Kollam District, registered under Sections 294(b), 323 & 324 IPC on the complaint of one Renu Raphel. The petitioner now seeks orders quashing the prosecution on the ground that he and the complainant have come to terms amicably out of court. The de facto complainant Renu Raphel is the second respondent herein. He has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no complaint or grievance. I am well satisfied that there is a real settlement between the parties. In such a situation, continuance of further proceedings in the crime will not serve any purpose, and it will cause harm and hardship to both sides. The Hon'ble Supreme Court has held in so many decisions that in such cases where there is a real settlement, or where continuance of prosecution will not serve any purpose, the High Court can quash prosecution even at the crime stage under Section 482 Cr.P.C. Crl. M.C No. 7131 of 2014 2 In the result, this petition is allowed. The FIR and further proceeding in Crime No.1579/2014 of the Pallithottam Police Station will stand quashed under Section 482 Cr.P.C.
P.UBAID, JUDGE sab
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Title

Ajith Kumar @ Aji

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • P Ubaid
Advocates
  • K Siju Smt
  • S Seetha