IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
VARGHESE K.J. @APPOI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 8887 OF 2025 | SC NO.166 OF 2024
| Table of Content |
|---|
| 1. dispute settled yet not resolved in practice. (Para 1 , 2) |
| 2. public prosecutor's assertion regarding unresolved disputes. (Para 3 , 4) |
| 3. court's rationale for dismissal of the case. (Para 5) |
ORDER
The petitioners are the accused Nos. 1 and 2 in S.C.No.166/2024 on the file of the Court of Sessions, Thodupuzha, which has originated from Crime No.17/2024, registered by the Kumily Police Station, alleging the commission of offences punishable under Sections 3 24 r/w Section 3 4 of the Indian Penal Code and (1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989.
2. The petitioners have filed this criminal miscellaneous case on the assertion that the dispute that led to the registration of crime has been amicably settled between the petitioners and respondents 2 and 3 on the basis of Annexure-A5 Compromise Agreement.
3. I have heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. The learned Public Prosecutor, on instructions, submits that, respondents 2 and 3 have reported to the Investigating Officer that the disputes that led to the registration has not been settled between them. Moreover, the respondents 2 and 3 have not filed their affidavits of settlement.
5. In the light of the above submission of the learned Public Prosecutor and non filing of the affidavits by the respondents 2 and 3, I am not satisfied that this is a fit case to exercise the inherent powers of this Court under Section 528 of the BNSS and quash the proceedings in view of the assertion that the dispute has been amicably settled.
Consequently, this Crl.M.C. is dismissed, without prejudice to the right of the petitioners to work out their remedies in accordance with law and file a fresh Crl.M.C on the same cause of action after producing the vakalats and the affidavits of settlements executed by the respondents 2 and 3.
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