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E.Mohammed Shameem

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

The petitioners herein are the 5 accused in C.C.No.1290 of 2013 of the Judicial First Class Magistrate Court- II, Hosdurg. The crime in the said case was registered under Sections 143, 147, 148, 452, 323 and 324 IPC r/w Section 149 IPC, on the complaint of one Niyas, that the petitioners assaulted him and his friend Habeeb Rahman, and inflicted injuries on their body with weapons. The petitioners seek orders under Section 482 Cr.P.C quashing the prosecution, on the ground that they and the injured persons have come to terms and settled the dispute amicably. Niyas and Habeeb Rahman are the respondents 2 and 3 herein. They have filed affidavit to the effect that they have settled the whole dispute, and they have no grievance or complaint now. I find that there is a real and genuine settlement between the parties. I also find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court. No doubt, none of the material witness will support the Crl.M.C.No.7199 of 2014 2 prosecution, if the case goes to trial.
In the result, this Crl.M.C is allowed. The prosecution against the petitioners in C.C.No.1290 of 2013 before the Judicial First Class Magistrate Court-II, Hosdurg will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
P. UBAID, JUDGE.
AS
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Title

E.Mohammed Shameem

Court

High Court Of Kerala

JudgmentDate
17 December, 2014
Judges
  • P Ubaid
Advocates
  • Nijas K M