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Haris vs State Of Kerala

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

The petitioners herein are the accused in C.C No. 2218/2012 of the Judicial First Class Magistrate Court – I, Kasaragod. They seek orders quashing the prosecution on the ground that they and the de facto complainant have come to terms amicably out of court. Crime in the said case was registered under Sections 341, 323 and 324 IPC, on the complaint of one K.M Moideenkunhi. He is the second respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint now. One Muhammed Rafi, who also sustained injuries in the alleged incident, is the third respondent. He has also filed affidavit to the effect that he has also settled the dispute with the accused, and that he has no grievance or complaint. Thus I find that there is a true and genuine settlement between the parties. No doubt, continuance of prosecution in such a situation will be a sheer waste of time. Orders are sought under Section 482 Cr.P.C, because composition as such is not possible under the law. In the result, this petition is allowed. The prosecution as against Crl. M.C No. 6469 of 2014 2 the petitioners in C.C No. 2218/2012 of the Judicial First Class Magistrate Court – I, Kasaragod, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab
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Title

Haris vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
17 November, 2014
Judges
  • P Ubaid