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Ibrahim.M

High Court Of Kerala|15 December, 2014
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JUDGMENT / ORDER

The petitioners herein are the two accused in Crime No.240/2010 of the Chandera Police Station, registered under Sections 341, 323 and 324 IPC on the complaint of one Muhammed Shafi. The case is now pending before the Judicial First Class Magistrate Court -1, Hosdurg. When the petitioners remained consistently absent, the learned Magistrate initiated proceedings including coercive steps, and now the case stands transferred to the register of long pending cases as L.P.C. No.21/2014. The petitioners seek orders quashing the prosecution on the ground that they and the complainant have amicably settled the whole dispute, and the complainant has no grievance or complaint now. The complainant Muhammed Shafi is the first respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute with the accused, and that he has Crl.M.C. No.7095 of 2014 2 no grievance or complaint. I am well satisfied that the parties have really settled the dispute, and continuance of prosecution in such a situation will do harm and hardship to both sides. It will also waste the precious time of the court, when nobody will support the prosecution, if the case goes to trial. Just because the case stands transferred to the register of long pending cases, the relief sought by the petitioner cannot be denied. In the result this petition is allowed. The prosecution against the petitioners in Crime No.414/14 of the Chandera Police Station, which now stands transferred to the register of long pending cases as L.P.No.21/2014 before the Judicial First Class Magistrate Court -1, Hosdurg, will stand quashed under Section 482 Cr.P.C.
Sd/-
P.UBAID, JUDGE lmp //TRUE COPY// P.A. TO JUDGE Crl.M.C. No.7095 of 2014 3
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Title

Ibrahim.M

Court

High Court Of Kerala

JudgmentDate
15 December, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • T Madhu