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Binu vs State Of Kerala

High Court Of Kerala|27 October, 2014
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JUDGMENT / ORDER

Petitioner herein is the sole accused in crime No. 1094/2014 of the Thrissur West Police Station. The offences involved are under Sections 406, 409, 420, 465 and 467 IPC. Crime was registered on the complaint of one Reghu, that the accused sold some property to him by dishonestly suppressing the liabilities on the property. The said Reghu is the 2nd respondent in this proceeding brought by the accused under Section 482 Cr.P.C., for quashing the proceedings against him. Orders are sought on the ground that the accused and the defacto complainant have amicably settled the whole dispute. The 2nd respondent has filed affidavit to the effect that he has settled the whole dispute with the accused, and that the accused has agreed to compensate him adequately. Affidavit shows that the parties have settled the civil dispute also. I am well satisfied that the parties have really settled the whole dispute, and continuance of proceedings in such Crl.M.C.. No. 6031/2014 2 a situation will do harm and hardship to both sides. I am definite that no purpose would serve if investigation proceeds, and the case ultimately comes before the court. Applying the guidelines made by the Honourable Supreme Court, this prosecution can be quashed. In the result, this Crl.M.C. is allowed. The FIR and further proceedings in crime No. 1094/2014 of the Thrissur West Police Station as against the petitioner herein will stand quashed under Section 482 Cr.P.C., and petitioner will stand released from such proceedings.
SD/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

Binu vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
27 October, 2014
Judges
  • P Ubaid
Advocates
  • K B Gangesh Smt Smitha
  • Chathanarambath