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Sudheesh vs State Of Kerala

High Court Of Kerala|27 November, 2014
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JUDGMENT / ORDER

Orders under Section 482 Cr.P.C. are sought, quashing the FIR and further proceedings in Crime No. 516/2014 of the Kalpetta Police Station of Wayanad District, registered under Sections 341,323 and 326 read with 34 IPC. Now, orders are sought under Section 482 Cr.P.C., on the ground that the complainant and the accused have come to terms amicably out of court. The petitioner has produced Annexure-A2 agreement between him and the respondents. This agreement shows that the parties have resolved the whole dispute for ever on the intervention of persons acceptable to both sides. In so many decisions the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash the prosecution under Section 482 Cr.P.C.; be it at the crime stage, or at the trial stage, or even at the appellate or revisional stage, if the parties have really come to terms amicably, and continuance of further proceedings in such a Crl.M.C.. No. 4636/2014 2 situation will cause harm and hardship to both sides. Here, I find a real and genuine case of settlement between the parties. The learned Public Prosecutor now submits, on instructions, that the settlement reported by the parties is true and genuine, and they have no grievance or complaint now. In the above circumstances, I find that continuance of further proceedings will not serve any purpose. The parties have resolved the whole dispute forever.
In the result, this Crl.M.C. is allowed. The FIR and further proceedings in Crime No. 516/2014 of the Kalpetta Police Station will stand quashed under Section 482 Cr.P.C.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

Sudheesh vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
27 November, 2014
Judges
  • P Ubaid
Advocates
  • Srim
  • Panciker