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2023 Supreme(Online)(KER) 29502

HIGH COURT OF KERALA
P. G. Ajithkumar, J
HYDER ALI C – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
T.MADHU, C.R.SARADAMANI

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. Petitioners are accused Nos.1 to 6 in C.C.No.1796/2016 on the file of the Judicial First Class Magistrate Court-I, Hosdurg, arising from Crime No.255/2016 of Hosdurg Police Station. The above case is charge-sheeted against the petitioners alleging offences punishable under Sections 143 , 147, 148, 341, 323 and 324 read with Section

149 of the Indian Penal Code.

3. The prosecution case is that the accused formed themselves into an unlawful assembly and assaulted the victim.

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 Public Prosecutor, on instructions, has expressed reservations about quashing the proceedings solely on the basis of the settlement. The Public Prosecutor submitted that accused Nos.1,3 and 5 are

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