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Tinu.K.S vs State Of Kerala

High Court Of Kerala|07 November, 2014
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JUDGMENT / ORDER

The petitioners herein are the three accused in Crime No.496 of 2014 of Vellerikundu Police Station. Crime in the said case was registered under Sections 341 and 326 of Indian Penal Code on the complaint of one Manu Antony that the petitioners assaulted him and inflicted injuries on his body with weapon. Now the accused 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 settled the dispute amicably. The complainant Manu Antony is the 2nd respondent herein. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and that he has no grievance or complaint. 2. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can act under Section 482 of the Code of Criminal Procedure, if the parties have really settled Crl.M.C No.6295 of 2014 2 the dispute, and continuance of prosecution will not serve any purpose. Here I find such a situation. I am definite that continuance of prosecution against the petitioner will not serve any purpose because the complainant or the material witnesses will not in any manner support the prosecution in view of the settlement arrived at out of court.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.496 of 2014 of Vellerikundu Police Station as against the petitioners herein will stand quashed under Section 482 of the Code of Criminal Procedure.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge
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Title

Tinu.K.S vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
07 November, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • S Vishnu