High CourtsSingle Bench

Ashraf vs State Of Kerala

High Court Of Kerala · Decided on 12 July 2021 · Citation: (2021) 07 KL CK 0142

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 143, 147, 148, 149, 435, 447
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 1730 Of 2021
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Judgment

12 paragraphs · 227 words

Ashok Menon, J

1.

The petitioners are accused in Crime No.1015/2017 of Vatakara Police Station, in which final report has been filed and taken on the files of the

Judicial First Class Magistrate Court, Vatakara as C.C.No.1544/2017, for having allegedly committed the offences punishable under Sections 143, 147,

148, 447 and 435 read with Section 149 of the I.P.C.

2.

The de facto complainant and aggrieved are respondents 2 and 3. They have appeared through a Counsel and filed affidavits to the effect that they

have settled the matter with the petitioners and that they do not have any objection in quashing the proceedings.

3.

The learned Public Prosecutor has also confirmed the settlement and got instructions to that effect. However, the learned Public Prosecutor

submits that some of the petitioners have criminal antecedents. In view of the fact that the dispute was on political lines and all the connected matters

have been settled, I find that the fact that some of the petitioners have antecedents, will not stand in the way of quashing the proceedings. Hence, the

Crl.M.C. is allowed and the entire proceedings as against the petitioners in Crime No.1015/2017 of Vatakara Police Station, now pending on the files

of the Judicial First Class Magistrate Court, Vatakara as C.C.No.1544/2017, stands quashed under Section 482 of Cr.P.C. and the accused are

discharged and set at liberty.