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Jobin James @ K.D.Paru

High Court Of Kerala|18 November, 2014
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JUDGMENT / ORDER

The petitioners herein are the nine accused in Crime No.1588 of 2013 of Sakthikulangara Police Station. Crime in the said case was registered under Sections 147, 148, 323, 324, 452, 294 (b) of Indian Penal Code on the complaint of one Emmanual, that the petitioners herein trespassed into his house and inflicted injuries on his body. It is alleged that one Jomon, Podi, Saju and Renil also sustained injuries in the said incident. The petitioners now seek orders under Section 482 of the Code of Criminal Procedure quashing the crime on the ground that they and the injured persons have come to terms amicably out of court, and continuance of proceedings will not serve any purpose. The injured persons are respondents 2 to 6 in this proceeding. They have filed affidavit to the effect that they have settled the whole dispute with the accused, and that they have no grievance or complaint now. A connected crime No.1583 of 2013 already stands quashed by this Court as per order Crl.M.C No.2143 of 2014 2 dated 7.11.2014 in Crl.M.C No.2157 of 2014. I am well satisfied that the parties have come to terms amicably out of court, and that no grievance now subsists. It is submitted that the parties are now on cordial terms. When there is such a real settlement, continuance of further proceedings in the crime will cause harm and hardship to both parties. No doubt, nobody will support the prosecution, if the police proceeds for investigation and submits final report. In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.1588 of 2013 of Sakthikulangara Police Station as against the petitioners herein will stand quashed under Section 482 of the Code of Criminal Procedure.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge
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Title

Jobin James @ K.D.Paru

Court

High Court Of Kerala

JudgmentDate
18 November, 2014
Judges
  • P Ubaid