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2023 Supreme(Online)(KER) 27033

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


Advocates:
P.ANOOP (MULAVANA), SRI. T R RENJITH, SR. P 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 Crime No.575 of 2023 of Pothencode Police Station. In the aforesaid case, he is the accused of having committed offences punishable under Sections 294(b), 323 and 324 of the IPC.

3. The prosecution allegation is that on 28.03.2020 at 3.00 pm, due to previous enmity, the accused abused the de facto complainant and attacked him using a stick, causing injuries.

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- A2 affidavit filed by the second 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, this court had directed the investigating officer concerned to record the statement of the defacto complainant

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