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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MANOJ M – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. legal basis of the petitioner as the 2nd accused. (Para 1) |
| 2. amicable settlement affirmed by both parties. (Para 2 , 3) |
| 3. state's acknowledgment of settlement and non-objection. (Para 4 , 5) |
| 4. establishment of court's authority to quash cases. (Para 6) |
| 5. conclusion based on consideration of case circumstances. (Para 7) |
ORDER
The petitioner is the 2nd accused in L.P.No.179 of
2009 on the file of the Court of the Judicial Magistrate of First Class, Varkala (Trial Court) , which originates from Crime No.951 of 2005 registered by the Varkala Police Station, alleging the commission of the offences punishable under Sections 451, 324, 323 and 294(b)
read with Section 34 of the Indian Penal Code.
2. The petitioner has 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 petitioner and the 2nd respondent, who have executed Annexure-3 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the petitioner, the learned Publi
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