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2023 Supreme(Online)(KER) 16053

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


Advocates:
K.N. RADHAKRISHNAN (THIRUVALLA)

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 petitioners herein are the accused in C.C No.513 of

2016 on the files of the Judicial First Class Magistrate Court II, Pathanamthitta, registered for the offences punishable under Sections

323 and 447 of the IPC.

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

On 26.12.2015 at 3.20 p.m., the petitioners assaulted the de facto complainant and caused injuries.

4. The learned counsel for the petitioners 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 second 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 exercise of the court's i

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