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Harish vs State Of Kerala

High Court Of Kerala|01 October, 2014
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JUDGMENT / ORDER

The petitioners herein are the accused in C.C.No.1372/2011 of the Judicial First Class Magistrate Court-I, Tirur. Crime in the said case was registered on the complaint of one Abdul Latheef that he was assaulted by the petitioners herein and he sustained simple injuries on his body. The said incident happened in connection with some dispute and fight between two factions of students within campus in March 2006. The petitioners have now approached this Court under Section 482 of the Code of Criminal Procedure to quash the prosecution on the ground that they and the defacto complainant have amicably settled the dispute, and that the complainant has no grievance or complaint now. The main offence involved in this case is under Section 324 of the Indian Penal Code, which was compoundable with permission as on the date of incident. But the offences under Sections 143, 147, 148, 341 and 323 are not compoundable. That is why orders are sought under Section 482 Crl.M.C No.5391 of 2014 2 of the Code of Criminal Procedure.
2. In this case, I am well satisfied that the parties have really settled the whole dispute, and that continuance of the prosecution in such a situation will be a sheer waste of time.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioners herein in C.C No.1372/2011 before the Judicial First Class Magistrate Court-I, Tirur will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
P.UBAID JUDGE ab
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Title

Harish vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
01 October, 2014
Judges
  • P Ubaid