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Shabeer

High Court Of Kerala|16 December, 2014
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JUDGMENT / ORDER

weapons in the very same incident. The petitioners in Crl.M.C.No.7140/2014 are the accused in crime No.48/2013.
Crl.M.C. Nos. 7140 & 7141 of 2014 2 Their case is now pending as C.C.No.246/2014 in the Judicial First Class Magistrate Court, Ottappalam. The petitioners in Cr.M.C.No.7141/2014 are the accused in Crime No. 49/2013, and their case is pending as C.C.No.1213/2014 in the same court. The accused in the two crimes are before this Court under Section 482 Cr.P.C. with prayer to quash the prosecution, on the ground that they have amicably come to terms out of court on the intervention of persons acceptable to both sides. The defacto complainant and the other injured persons are respondents in the proceeding. They have filed affidavit to the effect that the whole dispute stands settled and resolved, and that nobody has any complaint or grievance now. I am well satisfied that there is a real settlement between the parties, and the parties are now on quite cordial terms within the campus and beyond the campus. In such a situation, continuance of the prosecution will cause harm and hardship to both sides, and it may lead to further disputes and fights between the student factions. So, it is appropriate that the prosecution be quashed in the interest of justice.
Crl.M.C. Nos. 7140 & 7141 of 2014 3 In the result, these two petitions are allowed. The prosecution against the petitioners in Crl.M.C.No.7140/2014 in C.C.No.246/2014 of the Judicial First Class Magistrate Court, Ottappalam, and also the prosecution against the petitioners in Crl.M.C.No.7141/2014 in C.C.No.1213/2014 of the same court, will stand quashed under Section 482 Cr.P.C. The petitioners will stand released from prosecution, and the bail bond, if any, executed by the petitioners will stand discharged.
Sd/-
P. UBAID, JUDGE sd
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Title

Shabeer

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • P Ubaid