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Buji Mathew

High Court Of Kerala|15 December, 2014
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JUDGMENT / ORDER

~~~~~~~ The petitioners in these two proceedings are the accused in two cases registered as case and counter in the Ettumanoor Police Station. The petitioner in Crl.M.C.No.6173/2014 is the accused in Crime No.1551/2013 registered under Sections 294(b), 324 and 506(ii) IPC on the complaint of one Luka Varkey. The said Luka Varkey and his son Noyal are the accused in Crime No.1558/2013 registered under Sections 447, 341, 294(b), 323, 324 and 506(ii) IPC on the complaint of Buji Mathew. They are the petitioners in Crl.M.C.No.7052/2014. Luka Varkey is the 2nd respondent in Crl.M.C.No.6173/2014 and Buji Mathew is the 2nd respondent in Crl.M.C.No.7052/2014. The petitioners now seek orders quashing the prosecution on the ground that they have settled the whole dispute amicably out of Court, and the entire dispute between them stands resolved forever. Luka Varkey and Buji Mathew have filed affidavit to the effect that they have settled whole disputes, and they have no grievance or complaint. 2. I find that there is a real and genuine settlement Crl.M.C.Nos.6173 & 7052/2014 2 between the parties, and continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the Court. The case against the petitioner in Crl.M.C.No.6173/2014 is now pending as C.C.No.2406/2013 before the Judicial First Class Magistrate Court, Ettumanoor and the case against the petitioners in Crl.M.C.No.7052/2014 is now pending as C.C.No.2518/2013 before the same court. I find that continuance of prosecution in the above situation will cause harm and hardship for both the parties.
3. In the result, the two petitions are allowed. The prosecution against the petitioners in Crl.M.C.No.6173/2013 in C.C.No.2406/2013 before the Judicial First Class Magistrate Court, Ettumanoor and the prosecution against the petitioners in Crl.M.C.No.7052/2014 in C.C.No.2518/2013 of the same court, will stand quashed under Section 482 Cr.P.C. The petitioners will stand released from the prosecution and the bail bond, if any, executed by them will stand discharged.
ps/16/12/2014 Sd/- P.UBAID, JUDGE //True copy// PA to Judge
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Title

Buji Mathew

Court

High Court Of Kerala

JudgmentDate
15 December, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • M J Thomas