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2019 Supreme(Online)(KER) 48804

MUHAMED RIYAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['ANIL K MOHAMMED', '', 'SRI V S MANSOOR', 'K B BINU']

The petitioners herein are accused Nos. 1 to 4 in the impugned Anx-A

FIR in Crime No.648/2018 of Kasaragode Police Station, Kasaragode

district, registered for offences punishable under Secs.403, 406 and 498A of

the Indian Penal Code. It is stated that now the entire disputes between the

petitioner and the 2nd respondent defacto complainant have been settled

amicably and that the 2nd respondent has sworn to Anx.B affidavit before this

Court, wherein it is stated that she has settled the entire disputes with the

petitioner and that she has no objection for quashment of the impugned

criminal proceedings pending against the petitioner. It is in the light of these

aspects that the petitioner has preferred the instant Crl.M.C. with the prayer

to quash the impugned criminal proceedings against him.

2.

In a catena of decisions, the Apex Court has held that, in

appropriate cases involving even non-compoundable offences, the High

Court can quash prosecution by exercise of the powers under Sec.482 of the

Cr.P.C., if the parties have really settled the whole dispute or if the

continuance of the prosecution will not serve any purpose. Here, this Court

finds a real case

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