Shivaprasad vs The State Of Kerala on 11 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4483 of 2010()


1. SHIVAPRASAD, S/O.SAHADEVAN,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. MANIYAN, AGE 60, (CW1),

3. SANTHOSH, AGE 27 (CW2),

                For Petitioner  :SRI.SHAJIN S.HAMEED

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :11/11/2010

 O R D E R
                    M.SASIDHARAN NAMBIAR, J.
           --------------------------------------------------------
                      Crl.M.C. No.4483 OF 2010
           ---------------------------------------------------------
          Dated this the 11th day of November, 2010.

                                 O R D E R

Petitioner is the third accused in C.C.No. 181 of 2009 on the

file of Judicial First Class Magistrate Court-III, Thiruvananthapuram

taken cognizance for the offences under Sections 323, 324, 452,

427 and 506 (ii) r/w 34 of Indian Penal Code. Petition is filed

under Section 482 of Code of Criminal Procedure to quash the

proceedings contending that entire disputes with respondents 2

and 3, the de facto complainant and the injured, were settled

amicably and consequent to the settlement, it is not in the

interest of justice to continue the prosecution. Petitioner would

also contend that accepting the settlement, this Court has already

quashed the case as against the first accused by Annexure-D

judgment in Crl.M.C. No.3366 of 2009 and as against the second

accused by Annexure-E judgment in Crl.M.C No. 670 of 2010.

2. Respondents 2 and 3 appeared through a counsel and

filed separate affidavits stating that they have settled all the

disputes with the petitioner and, therefore, they have no

objection for quashing the proceedings.

3. In view of Annexure-D and Annexure-E orders quashing

the proceedings as against the accused 1 and 2 accepting the

Crl.M.C. No.4483 OF 2010 2

settlement and the affidavits filed by respondents 2 and 3 which

establish that they have settled the disputes with the petitioner, it

is not in the interest of justice to continue prosecution.

Petition is allowed C.C.No. 181 of 2009 on the file of Judicial

First Class Magistrate Court-III, Thiruvananthapuram against

petitioner, the third accused is quashed.

M.SASIDHARAN NAMBIAR, JUDGE

mns