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Irshad C vs Santhosh.K Of Kerala

High Court Of Kerala|12 November, 2014
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JUDGMENT / ORDER

The petitioners herein are the accused numbers 2 and 3 in Crime No.88/2012 of Hosdurg Police Station, registered under Sections 143, 147, 148, 452, 427, 506(ii) r/w 149 of IPC. The first accused being a Juvenile, the case against him was filed before the Juvenile Justice Board. The said case filed as C.C No. 94/2013 before the Juvenile Justice Board, Kasaragod stands quashed by this court by order dated 13.5.2014 in Crl. M.C No.2564/14. Now the other accused seek orders under section 482 Cr.P.C quashing the prosecution against him on the ground that they and the de facto complainant have come to terms amicably out of court. Crime in the case was registered on the complaint of one Santhosh who is the first 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 now. The case against the petitioners is now pending as C.C 2207/2012 before the Judicial First Class Magistrate Court – Hosdurg. I am well satisfied that the parties have really come to terms, and that there is a genuine Crl. M.C No.6388 of 2014 2 settlement. The de facto complainant has no grievance or complaint now, and I find that he or the others will not in any manner support the prosecution, if the case goes to trial. Applying the guidelines made by the Hon'ble Supreme Court as regards exercise of powers under section 482 Cr.P.C, I am inclined to quash the prosecution as requested. In the result, this petition is allowed. The prosecution as against the petitioners in C.C No. 2207 of 2012 of the Judicial First Class Magistrate Court – I, Hosdurg 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

Irshad C vs Santhosh.K Of Kerala

Court

High Court Of Kerala

JudgmentDate
12 November, 2014
Judges
  • P Ubaid
Advocates
  • Sri