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2023 Supreme(Online)(KER) 2743

HIGH COURT OF KERALA
P. G. Ajithkumar, J
AJITHKUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
MANU RAMACHANDRAN, R. RAJESH (VARKALA), M. KIRANLAL, SAMEER M NAIR, SAILAKSHMI MENON

O R D E R

This Criminal Miscellaneous Case is filed under Section

482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).

2. Petitioners are the accused in C.C No. 1558 of 2019 on the file of Judicial First Class Magistrate Court, Adoor, arising from Crime No. 1335/2019 of Pandalam Police Station. The above case is chargesheted alleging offences punishable under Sections 452, 294 (b), 323, 324, 506 (1) of IPC.

3. The prosecution case is that the accused trespassed in to the premises of the victim and assaulted the victim using filthy language.

4. The learned counsel for the petitioners 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 victim in support of his contention. The counsel appearing for the victim also submitted that the matter is settled and the victim has 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. But the Public Prosecutor conceded that the matter is settled between the parties.

6. This Court has con

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