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2023 Supreme(Online)(KER) 23001

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


Advocates:
NABIL KHADER, NAZRIN BANU, SRI.HRITHWIK.C.S, PP, SRI. MOHAMMED RAZALI FOR R2

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. The petitioner is the accused in C.C No 1436/2016 on the file of Judicial First Class Magistrate Court, Karunagappally arising from crime No.1260/2016 of oachira police station. The above case is chargesheted alleging offence punishable under sections 447,294(B), 323 and 324 of IPC.

3. The prosecution case is that the accused trespassed into the place of the victim and assaulted him with abuse filthy language.

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 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 considered the s

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