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George Anthrapper vs State Of Kerala

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

The petitioner herein is the accused in C.C No.930 of 2010 before the Judicial First Class Magistrate Court-I, Aluva. Crime in the said case was registered under Sections 294 (b), 323, 341 and 506 of Indian Penal Code on the complaint of one Babu, who is the 2nd respondent in this proceeding. Now the accused seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that he and the de facto complainant have amicably settled the dispute out of court. The 2nd respondent has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint now. The accused has approached this Court under Section 482 of the Code of Criminal Procedure only because one of the offences is not compoundable under the law. I find that the parties have really settled the whole dispute, and that continuance of prosecution in such a situation will not serve any purpose, Crl.M.C No.6048 of 2014 2 other than wasting the precious time of the trial court. In the result, this petition is allowed.. The prosecution against the petitioner herein in C.C No.930 of 2010 of the Judicial First Class Magistrate Court-I, Aluva will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged. Now it is submitted that the trial court has issued warrant against the de facto complainant (2nd respondent). The said non-bailable warrant will stand recalled.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge
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Title

George Anthrapper vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
27 October, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • Kumar