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Sulfic

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

The petitioners herein are the five accused in C.C No.1224 of 2012 of the Judicial Firwt Class Magistrate Court-I, Auva. Crime in the said case was registered under Sections 143, 147, 148, 323 and 427 of Indian Penal Code on the complaint of one Githin George, that the petitioners assaulted him and his friend Athil Basheer and inflicted injuries on their body. The petitioners now seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they and the de facto complainant have come to terms amicably out of court. The complainant Githin George and the other injured Athil Basheer are the respondents 2 and 3 in this proceeding. They have filed affidavit to the effect that they have settled the whole dispute with the accused, and they have no grievance or complaint. Thus, I find that there is a real settlement between the parties, and in such a Crl.M.C No.7171 of 2014 2 situation, continuance of prosecution will not serve any purpose other than wasting the precious time of the court. In the result, this petition is allowed. The prosecution against the petitioners in C.C No.1224 of 2012 of the Judicial First Class Magistrate Court-I, Aluva will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge
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Title

Sulfic

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • P Ubaid