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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SAJESH N – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the case and request for quashing based on amicable settlement. (Para 1 , 2) |
| 2. parties' agreement and prosecutor's acknowledgement of settlement. (Para 3 , 4 , 5) |
| 3. courts' authority to quash based on case principles of non-serious offenses. (Para 6 , 7) |
ORDER
The petitioners are accused Nos. 1 and 2 in C.C. No.
515/2022 on the file of the Court of the Judicial First Class Magistrate, Thalassery, which has arisen out of Crime No. 190/2022, registered by the Thalassery Police Station, Kannur, alleging the commission of the offences punishable under Sections 341 , 323 and 324 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 5 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 seco
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