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Shiju K.C

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

The petitioners are the accused in Crime No.721 of 2014 of Puthencruz Police Station. The said case is registered under Sections 143, 147, 354, 451 and 149 of the IPC. The petitioners seek to quash the First Information Report in the said case and all further proceedings thereto, in this proceedings under Section 482 of the Code of Criminal Procedure.
2. The case referred to above is one registered based on a statement given by the third respondent. The allegation against the accused in the said case is that on 2.6.2014, the accused trespassed into the residential house of respondents 3 and 4 and assaulted them. It is stated in the Memorandum of Criminal Miscellaneous Case that the disputes between the petitioner and respondents 3 and 4 have been amicably settled. Affidavits to that effect of respondents 3 and 4 are also produced along with the Criminal Miscellaneous Case as Annexures 2 and 3.
3. Heard the learned counsel for the petitioners, the learned Crl.M.C. No.7375 of 2014 2 counsel for respondents 3 and 4 and the learned Public Prosecutor.
4. In the said circumstances, having regard to the decisions of the Apex Court in Madan Mohan Abbot v. State of Punjab [2008(3) KLT 19(SC)] and Narinder Singh and others v. State of Punjab and another (2014(4) SCALE 195), I am of the view that the prayer of the petitioners needs to be granted in the interests of justice. Accordingly, the First Information Report and all further proceedings thereto in Crime No.721 of 2014 of Puthencruz Police Station are quashed.
The Criminal Miscellaneous Case is disposed of as above.
Sd/-
P.B.SURESH KUMAR, JUDGE.
smv
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Title

Shiju K.C

Court

High Court Of Kerala

JudgmentDate
26 December, 2014
Judges
  • P B Suresh Kumar
Advocates
  • Subhash K K
  • Sudheesh Kumar
  • K K