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2025 Supreme(Online)(Ker) 50060

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHINE TOMY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JERIE RAMESH
For the Respondents: SHRI.SIRIL JOHN

ORDER

The petitioners 1 to 3 are the accused Nos. 1 to 3 in C.C.No.245/2024 on the file of the Court of the Judicial First Class Magistrte, Angamaly, which has arisen from Crime No.1322/2024 registered by the Nedumbassery Police Station, as against 9 persons for allegedly committing the offences punishable under Sections 115 (2) and 126(2) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023. Even though 9 accused persons were mentioned in Annexure A1 FIR, the Investigating Officer laid Annexure A2 final report only against the petitioners 1 to 3. The petitioners 4 to 9 were deleted as accused persons from Annexure A1 FIR.

2. The petitioners have invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, to quash all further proceedings in the above case. It is asserted that the dispute that led to the registration of the crime has been amicably settled between the petitioners and the 2nd respondent, who has executed Annexure A3 affidavit, affirming the settlement.

3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the 2nd respondent.

4. The learned

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