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2023 Supreme(Online)(KER) 23000

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
SANSEER SALAM GULSAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
LATHEESH SEBASTIAN, NEETHU S.

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. Petitioner is the accused in C.C No. 130/2020 of Chief Judicial Magistrate Court, Thiruvananthapuram arising from Crime No. 426/ 2013 of Museum Police Station. The above case is chargesheted alleging offences punishable under sections 324,326 and 341 of IPC.

3. The prosecution case is that accused wrongfully confined the victim and assaulted him.

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 submission of the petitioner, victim and the Public Prosecutor an

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