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2023 Supreme(Online)(KER) 18582

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
MUHAMMAD ALTHAF HUSAIN – Appellant
Versus
PRANOSH K – Respondent


Advocates:
C.R.JAYAKUMAR, M.K.SUMOD SMT. NEEMA T V

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 Crime No.1482 of

2022 of the Kannur Town Police station registered for the offences punishable under Sections 341, 323, 324 and 326 r/w Section 34 of the IPC.

3. The prosecution allegation, as borne out from the records, are as under:

On 11.12.2022 at 20.00 hrs, the petitioner is alleged to have wrongfully restrained the de facto complainant and attacked him causing injuries.

4. The learned counsel for the petitioner submits that the parties have settled their dispute and do not wish to pursue the prosecution proceedings. He relies on the affidavit filed by the party respondent in support of his contention. Counsel argues that if the proceedings are terminated, with the recording of the amicable settlement, the parties can move forward in an atmosphere of peace and mutual respect.

5. The learned Public Prosecutor, on instructions, has expressed reservations about quashing the proceedings solely on the basis of the settlement. He argues that the facts and circumstances may not warrant the

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