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2026 Supreme(Online)(Ker) 12540

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ANZAL – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 2176 OF 2021|CRIME NO.251/2018



Advocates:
For the Appellants/Petitioners: SHRI.PRATHEESH.P, SMT.S.SEETHA, SHRI.AMAR PRASANTH G., SMT.ANJANA KANNATH
For the Respondents: SRI.A.MUHAMMED RAFFI

The court emphasized the need for timely disposal of cases to ensure justice and maintains that parties can raise contentions in trial court after a dismissal of petition.

Headnote:The Court reviewed the petition filed under Section 482 Cr.P.C. for quashing proceedings against the accused based on a claimed settlement with the complainant, who later retracted. It dismissed the petition but instructed the trial court to expedite the case's resolution, emphasizing the timeline of proceedings. The case references are drawn from determining the circumstances surrounding the appeal and the necessity for timely judicial processes.

Result: 'Crl.M.C. is dismissed with liberty to the petitioner to raise all contentions before the trial court.'

Table of Content
1. petition filed by accused for quashing proceedings. (Para 1)
2. retraction of settlement by complainant affects proceedings. (Para 2)
3. court emphasized the necessity for timely disposal. (Para 3)
4. final ruling to dismiss and direct resolution. (Para 4)

O R D E R Dated this the 20th day of February, 2026 The accused persons in CC. No.1821/2019 on the file of the Judicial First Class Magistrate Court-II, Kollam, arising from crime No.251/2018 of Eravipuram Police Station, filed this Crl.M.C. under Section 482 Cr.P.C. praying for quashing all further proceedings against the petitioners on the ground that the matter has been settled with the defacto complainant.

2. When this matter came up for arguments, the learned counsel for the petitioners submitted that now the defacto complainant has retracted from the promise to settle the dispute. In the above circumstances this Crl.M.C. is dismissed with liberty to the petitioner to raise all contentions before the trial court.

3. At this stage, the learned counsel for the petitioner submitted that since this is a case of the year 2019, a direction be issued to the learned Magistrate to dispose of the same in a time bound manner.

4. Considering the fact that this is a case of the year 2019, there will be a direction to the learned Judicial First Class Magistrate-II, Kollam to dispose of CC. No.1821/2019, at the earliest, at any rate, within a period of six months from the date of receipt of a copy of this order.

Sd/-

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