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2022 Supreme(Online)(KER) 57970

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
BONY SIMON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ADV.MANU ROY, SMT.SREEJA V. PUBLIC PROSECUTOR, ADV.DEVADAS H MALLAN

O R D E R

The petitioners are the accused in Crime No.1387 of 2021 of Ernakulam South Police Station, which is now pending as C.C.No.222 of 2022 before the Additional Chief Judicial Magistrate Court (EO), Ernakulam. Offences alleged against the petitioners are under Sections 341 , 323, 324, 326 read with 34 IPC .

2. The prosecution case is that on 05.11.2021 at about 8.30 pm, the 1st petitioner attacked the 2nd respondent with a helmet and as a result of the same, the tooth of the 2nd respondent was broken. The petitioners 2 to 5 had attacked the respondents 2 to 4 and caused injuries to them. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

3. Heard Sri.Manu Roy, learned counsel for the petitioners, Sri.Devadas H Mallan, learned counsel for the respondents 2 to 4 and Smt.Sreeja V., learned Public Prosecutor for the State.

4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-3 to Annexure-5 affidavits sworn by the respondents 2 to 4 are filed along with this Crl.M.C. to substantiate the settlem

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