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Muhammed Ransheed vs State Of Kerala

High Court Of Kerala|20 October, 2014
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JUDGMENT / ORDER

Petitioner herein is the sole accused in S.C.No.461/2013 of the Additional District and Sessions Court-II, Kasaragod. Crime in the said case was registered on the complaint of one Jayarajan alleging offences punishable under Sections 341, 323, 324 and 308 IPC. The said Jayarajan is accused in a counter case registered as crime No. 635/2012. Now, the accused seeks orders under Section 482 Cr.P.C. quashing the prosecution on the ground that he and the complainant have settled the whole dispute out of court, and accordingly, both sides decided to have the respective prosecution quashed. The injured, Jayarajan is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no grievance or complaint now. In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High Court can act under Crl.M.C.. No. 4375/2014 2 Section 482 Cr.P.C. and quash the prosecution if the parties have really settled the whole dispute which does not involve any public issue or public interest. I am well satisfied that the parties have really settled the whole dispute, and the counter case also stands settled. In such a situation, the prosecution can be quashed. In the result, this Crl.M.C. is allowed. Prosecution as against the petitioner in S.C. No. 461/2013 of the Additional District and Sessions Court-II, Kasaragod will stand quashed under Section 482 Cr.P.C., and the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE Crl.M.C.. No. 4375/2014 3
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Title

Muhammed Ransheed vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
20 October, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • T Madhu