High CourtsSingle Bench

Ajeesh vs State Of Kerala

High Court Of Kerala · Decided on 6 September 2022 · Citation: (2022) 09 KL CK 0025

HON’BLE JUDGES
P.V.Kunhikrishnan, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 143, 147, 148, 149, 323, 324, 341
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 4856 Of 2022
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Judgment

5 paragraphs · 230 words

P.V.Kunhikrishnan, J

1.

The petitioners are the accused in C.C No. 109/2015 on the file of the Judicial First Class Magistrate Court – I, Attingal. The above case is charge sheeted against the petitioners alleging offence punishable under Section 143, 147, 148, 341, 323, 324 r/w 149 of Indian Penal Code.

2.When this case came up for consideration, the learned counsel for the petitioner submitted that the entire dispute between the petitioners and the victims in this case are settled out of court. Respondents no. 3 to 6 are represented through a counsel and filed an affidavit as evident by Annexures B to E.

3.Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioner herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.

All further proceedings in C C No. 109/2015 on the files of the Judicial First Class Magistrate Court – I, Attingal is quashed.