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C.K.Faizal

High Court Of Kerala|17 October, 2014
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JUDGMENT / ORDER

Petitioners herein are the four accused in C.C. No.1654/2014 of the Judicial First Class Magistrate Court-I, Hosdurg. Crime in the said case was registered under Sections 143, 147, 148, 447, 427 and 324 IPC, on the complaint of one Abdulla. The said Abdulla and his grandson, Sherief sustained injuries in the alleged incident. The alleged incident happened in connection with some dispute regarding formation of a committee in the local Mosque. The accused have now brought this petition under Section 482 Cr.P.C. to quash the prosecution on the ground that they and the injured persons have amicably settled the whole dispute on the intervention of some acceptable persons of the locality, and they have no grievance or complaint now. In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High Court can act under Section 482 Cr.P.C., and quash the prosecution if the parties have really settled the disputes, and Crl.M.C.. No. 5875/2014 2 continuance of prosecution will not serve any purpose. In this case, I am well satisfied that the parties have really settled the dispute on the intervention of persons acceptable to both sides. The defacto complainant and his grandson are the respondents 1 and 2 in this proceeding. They have filed affidavit to the effect that they have settled the whole dispute amicably, and that they have no grievance or complaint now. I find that continuance of prosecution in such a circumstance will not serve any purpose, other than wasting the precious time of the court. In the result, this Crl.M.C. is allowed. The prosecution as against the petitioners in C.C. No.1654/2014 of the Judicial First Class Magistrate Court-I, Hosdurg will stand quashed under Section 482 Cr.P.C., and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

C.K.Faizal

Court

High Court Of Kerala

JudgmentDate
17 October, 2014
Judges
  • P Ubaid