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Muhammed Pavas

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

The petitioners herein are the five accused in S.C No.873 of 2014 of the Court of Session, Kasaragod. Crime in the said case was registered under Sections 143, 147, 148, 341, 323 and 324 read with 149 of Indian Penal Code on the complaint of one Jasim, that the petitioners assaulted him and his friends Abdul Rahiman and Naufal, and inflicted injuries on their body as part of a criminal design. The case happened to be committed to the Court of Session because the first informant and the other injured persons were juveniles as on the date of the alleged incident. Now the complainant Jasim is aged 21 years, the injured Abdul Rahiman is aged 20 years, and the other injured Naufal is aged 20 years. The petitioners now seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they and the injured persons have come to terms amicably out of court, and that the complainant and the others have no grievance or complaint now. Jasim and the other two persons, who Crl.M.C No.7119 of 2014 2 sustained injuries in the alleged incident are the respondents 1 to 3 herein. They have filed affidavit to the effect that the whole dispute stands settled, and that they have no grievance or complaint. Of course, at the time of incident, they were minors but, now they are grown up, and competent to take decision of their own. They have voluntarily settled the whole dispute with the accused. I am well satisfied that there is a real settlement between the respondents 1 to 3 and the petitioners. Continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, because nobody will support the prosecution when the case goes to trial. No doubt, such continuance of prosecution will cause harm and hardship to both the parties. In the result, this petition is allowed. The prosecution against the petitioners in S.C No.873 of 2014 of the Court of Session, Kasaragod will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge
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Title

Muhammed Pavas

Court

High Court Of Kerala

JudgmentDate
15 December, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • A Arunkumar