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2022 Supreme(Online)(KER) 5663

HIGH COURT OF KERALA
SYAMRAJ – Appellant
Versus
STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR – Respondent


Advocates:
SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR TOM E. JACOB

O R D E R

Petitioners are the accused Nos.1 and 2 in Crime No.406 of

2022 of Pangode Police Station, which is registered for the offences punishable under Sections 294 (b), 323, 324, 308 read with Section 34 IPC .

2. The prosecution case is that the petitioners owing to enmity regarding the timing schedule of private buses, on 19.07.2022 at 6.45 pm abused the de facto complainant and assaulted him with an iron rod. Annexure-I is the FIR and this Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

3. Heard Sri.Kishore D learned counsel for the petitioners, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Sri.Tom E. Jacob, learned counsel for the 3rd respondent.

4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-II affidavit sworn by the 3rd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 3rd respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearin

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