HIGH COURT OF KERALA
P. G. Ajithkumar, J
MUHAMMED FADHIL – Appellant
Versus
STATE OF KERALA – Respondent
ORDER
This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).
2. Petitioner is the accused in CC No.698 of 2017 on the file of the Judicial First Class Magistrate Court-I, Aluva, arising from Crime No.3693 of 2010 of Aluva East Police Station, Ernakulam. The above case is charge sheeted alleging offences punishable under Sections
143, 147, 148, 149, 341, 323, 324 read with 149 IPC.
3. The prosecution case is that the accused formed themselves into an unlawful assembly and assaulted the victims and the victims sustained injuries. It is submitted that the co-accused were already acquitted.
4. The learned counsel for the petitioner submits that the parties have settled their dispute and do not wish to pursue the prosecution proceedings. The counsel relies on the affidavit filed by the victims in support of his contention. The counsel appearing for the victims also submitted that the matter is settled and the victims have no objection in quashing the prosecution.
5. The learned Public Prosecutor, on instructions, has expressed reservations about quashing the proceedings solely on the basis of the settlement.
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