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2017 Supreme(Ker) 184

RAJA VIJAYARAGHAVAN V.
MUHAMMEDKUTTY – Appellant
Versus
STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA – Respondent


Advocates Appeared:
For the Petitioner: SRI. P. SAMSUDIN.
For the Respondents: SMT. M.K. PUSHPALATHA & SRI. JITHIN LUKOSE.

ORDER :

1. This petition is filed under S.482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings.

2. The petitioner is the accused in C.C. No. 1035 of 2015 on the file of the Judicial Magistrate of 1st Class-I, Perinthalmanna. In the aforesaid case, he faces indictment under Sections 509 and 294(b) of the IPC.

3. The prosecution allegation is that on 14.7.2015 at about 4 p.m. the petitioner abused the 2nd respondent and uttered words with intent to outrage her modesty.

4. Heard the submissions advanced.

5. It is submitted by the learned counsel that at the instance of the wife of the petitioner, a crime was registered as Crime No. 946 of 2015 of Perinthamanna Police Station against the 2nd respondent and others. It is also submitted referring to Annexure A2 affidavit that the disputes have been settled amicably.

6. The learned Public Prosecutor after getting instructions has expressed her reservations in the matter of quashing the proceedings on the basis of settlement. It is submitted that the invocation of powers under Section 482 of the Code in a case of this













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