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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
JASEERA @ LATHA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. court may quash proceedings if offenses are minor and settled. (Para 1 , 2) |
| 2. counsels agree on settlement negating the need for prosecution. (Para 3 , 4 , 5) |
| 3. inherent powers can be invoked for non-heinous offenses with settlements. (Para 6 , 7) |
ORDER
The petitioners are accused Nos. 1 to 3 in L.P.No.
38/2011 on the file of the Court of the Judicial Magistrate of First Class, Kayamkulam, which has arisen from Crime No. 981/2018 registered by the Kayamkulam Police Station, Alappuzha District, alleging the commission of the offences punishable under Section 420 read with Section 34 of the Indian Penal Code.
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 second 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 second respondent.
4. The learn
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