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Rafeek

High Court Of Kerala|09 October, 2014
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JUDGMENT / ORDER

The petitioners herein are the ten accused in C.C No.1364 of 2012 of Judicial First Class Magistrate Court, Badagara. Crime in the said case was registered on the complaint of one Krishnan alleging trespass, mischief and criminal intimidation as part of a criminal design made by the petitioners to cause wrongful loss to him. The offences involved are under Sections 143, 147, 148, 506 (ii), 448 and 427 I.P.C. The accused have brought this petition under Section 482 of Cr.P.C to quash the prosecution on the ground that they and the complainant have settled the dispute amicably out of court. 2. The de facto complainant Krishnan is the 1st respondent herein. He has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint. The main offences are in fact compoundable, but the offences under Sections 143, 147, 148 and 149 are not compoundable under the law. I am well Crl.M.C No.4166 of 2014 2 satisfied that the parties have really settled the whole dispute, and continuance of prosecution in such a circumstance will not serve any purpose, other than wasting the precious time of the trial court. Applying the decisions of the Hon'ble Supreme Court on the point, the prosecution can be closed.
In the result, this petition is closed. The criminal prosecution against the petitioners herein in C.C No.1364 of 2012 of the Judicial First Class Magistrate Court, Badagara will stand quashed under Section 482 of Cr.P.C, and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge
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Title

Rafeek

Court

High Court Of Kerala

JudgmentDate
09 October, 2014
Judges
  • P Ubaid