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Riyas T.K

High Court Of Kerala|17 December, 2014
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JUDGMENT / ORDER

The petitioners herein are the five accused in C.C.No.2036 of 2013 of the Judicial First Class Magistrate Court-I, Hosdurg. The crime in the said case was registered under Sections 143, 147, 148, 341, 323, 324 and 506(ii) IPC r/w Section 149 IPC on the complaint of one Badusha. The petitioners seek orders under Section 482 Cr.P.C quashing the prosecution, on the ground that they and the complainant have come terms amicably and settled the matter. The de facto complainant, Badusha is the first respondent herein. He has filed affidavit to the effect that he has settled the dispute, and he has no grievance or complaint now. I am well satisfied that there is real settlement between the parties. I also find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court. No doubt, none of the material witness will support the prosecution, if the case goes to trial.
In the result, this Crl.M.C is allowed. The prosecution against the petitioners in C.C.No.2036 of 2013 of the Judicial Crl.M.C.No.7179 of 2014 2 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.
P. UBAID, JUDGE.
AS
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Title

Riyas T.K

Court

High Court Of Kerala

JudgmentDate
17 December, 2014
Judges
  • P Ubaid