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E.V Sameer

High Court Of Kerala|21 November, 2014
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JUDGMENT / ORDER

The petitioners herein are the eight accused in Crime No. 797/2014 of Kannur City Police Station, registered under Sections 143,147,148,341,323,326,367 read with 149 IPC, on the complaint of one Noushad. The petitioners now seek orders quashing the proceedings, on the ground that they and the complainant have amicably settled the dispute out of court. It is submitted that the alleged incident happened in connection with some dispute regarding construction of a house building, and that the whole dispute stands resolved now, on the intervention of persons acceptable to both sides. The defacto complainant, Noushad is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and that he has no grievance or complaint. Regarding settlement, an agreement was executed by the parties. Copy of the said agreement was also produced in this proceeding. In so many decisions, the Honourable Supreme Crl.M.C.. No. 6555/2014 2 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 whole dispute, and continuance of prosecution will not serve any purpose, or it will cause harm and hardship to the parties. I am well satisfied that there is a real and genuine settlement between the parties, and that continuance of prosecution will not serve any purpose, other than wasting the precious time of the court. In the result, this Crl.M.C. is allowed. The FIR and further proceedings in Crime No. 797/2014 of Kannur City Police Station will stand quashed under Section 482 Cr.P.C.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

E.V Sameer

Court

High Court Of Kerala

JudgmentDate
21 November, 2014
Judges
  • P Ubaid
Advocates
  • E V