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2024 Supreme(Online)(KER) 18250

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
SAIDMUHAMMED HASHIM THANGAL – Appellant
Versus
THE STATE OF KERALA – Respondent


ORDER

Petitioners challenge the proceedings in S.C.No.534/2016 on the files of the Additional Sessions Court-I, Ottappalam.

2. Smt. Sreeja V., the learned Public Prosecutor, upon instructions, submitted that by judgment dated 29.06.2022 accused Nos.1 to 4 have been acquitted and the case against the 5th accused has been split up and re-numbered since he had been absconding.

3. As petitioners 1 to 4 have already been acquitted, nothing remains to be considered in this case as against them.

However, as far as the 5th accused is concerned, he seeks to quash the proceedings on the basis of a settlement allegedly, entered into the de facto complainant.

4. The offences alleged against the accused include those under Sections 326 and 307 of the Indian Penal Code, 1860.

5. In State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688], the Supreme Court observed that, in respect of heinous crimes including those under Section 307 of IPC, the proceedings cannot be quashed on the basis of settlement.

6. The offence alleged against the 5th petitioner is under 307 of IPC and the case against him has not ended in acquittal. This petition filed under Section 482 of Cr.P.C., to quash

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