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2023 Supreme(Online)(KER) 18645

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
NELSON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
LIJU. M.P

ORDER

This petition is filed invoking the powers of this Court under Section 482 of the Code of Criminal Procedure , 1973 (“the Code” for the sake of brevity).

2. The petitioner herein is the accused in CC.No.474 of 2022 on the files of the Judicial Magistrate of the First Class-I, Thiruvananthapuram. In the aforesaid case, he is accused of committing offences punishable under Sections 294(b), 323, and 506(ii)

of the IPC.

3. The prosecution allegation is that on 14.08.2022 at about

08.00 p.m., the petitioner herein threatened and assaulted the de facto complainant when he objected to the removal of soil from his neighborhood property and thereby committed the offence.

4. The learned counsel appearing for the petitioner submitted that the parties have settled their disputes and they are not desirous of pursuing the prosecution proceedings. Reliance is placed on Annexure- 2 affidavit filed by the 2nd respondent to substantiate his contention. According to the learned counsel, if the proceedings are terminated, recording the amicable settlement, the parties can embark upon their future paths in an atmosphere of tranquility and mutual respect.

5. When the matter had come up for admission, t

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