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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
RATHEESH. T – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioners seek to quash based on settlement. (Para 1 , 2) |
| 2. parties resolved disputes amicably. (Para 3 , 4) |
| 3. state supports the quashing of proceedings. (Para 5) |
| 4. criteria for exercising inherent powers elucidated. (Para 6) |
| 5. quashing of the case serves justice. (Para 7) |
O R D E R
The petitioners are accused Nos.1 to 3 in C.C.No.841 of 2018 on the file of the Court of the Judicial Magistrate of First Class-II, Hosdurg ('Trial Court', in short), which originates from Crime No.325 of 2018 registered by the Neeleswram Police Station, Kasaragod, 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 2nd respondent, who has executed Annexure AIII affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prose
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