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Nousheed Muhammed vs State Of Kerala

High Court Of Kerala|26 November, 2014
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JUDGMENT / ORDER

Two crimes, as case and counter, happened to be registered in the Ambalathara Police station of Kasaragod District, in connection with an incident of fight between two groups of persons. Crime No. 20/2014 was registered under Sections 143,147,148,323 and 324 read with 149 IPC on the complaint of one Shameer, who sustained injuries in the incident. The petitioners in Crl.M.C.No.6668/2014, are the accused in Crime No.20/2014. The first informant, Shameer and the other injured person, Hashiq, are the respondents 2 and 3 in Crl.M.C. No. 6668/2014. Crime No.21/2014 was registered under Sections 143,147,148,323 and 324 read with 149 IPC, on the complaint of one Nousheed. The said Nousheed and four others sustained injuries in the incident. They are the respondents 2 to 6 in Crl.M.C.No.6669/2014. The petitioners herein are the four accused in Crime No.21/2014. Now, the accused on both sides have come before this Court under Section 482 Cr.P.C. to quash Crl.M.C. Nos. 6668 & 6669 of 2014 2 the two prosecutions, on the ground that they have amicably settled the whole dispute out of court, and that the real dispute between them stands resolved forever on the intervention of persons acceptable to both sides. The case in Crime No.20/2014 is pending as C.C.No.1102/2014 before the learned Judicial First Class Magistrate Court-I, Hosdurg, and the case in Crime No. 21/2014 is pending in the same court as C.C.No.1094/2014. The persons who sustained injuries on both sides have filed affidavit as respondents in the proceeding, to the effect that they have settled the whole dispute forever, and that they have no grievance or complaint. The Honourable Supreme Court has held in so many decisions that even in cases involving non- compoundable offences, the High Court can quash prosecution, if the parties have really settled the whole dispute amicably, and continuance of prosecution in such a situation will cause harm and hardship to both the parties, or will not serve any purpose. I find that this is a fit case where these guidelines can be applied, because I find a real and genuine settlement between the parties. In the result, these petitions are allowed. The prosecution Crl.M.C. Nos. 6668 & 6669 of 2014 3 against the petitioners in Cr.M.C.No.6668/2014 in C.C.No.1102/2014, and also the prosecution against the petitioners in Crl.M.C.No.6669/2014 in C.C.No.1094/2014 before the learned Judicial First Class Magistrate Court-I, Hosdurg, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged. Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

Nousheed Muhammed vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
26 November, 2014
Judges
  • P Ubaid
Advocates
  • Smt Bindumol Joseph