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1 - 4 of 4 (0.20 seconds)Madan Mohan Abbot vs State Of Punjab on 26 March, 2008
3. Learned Public Prosecutor opposes the application very
vehemently. He points out that the petitioner indulges himself in
goonda activities. He has already been arrested and detained in
prison under the Kerala Anti-Social Activities(Prevention) Act,
2007. The prosecution is not satisfied that there is a genuine and
bonafide settlement. Even assuming that there is a settlement
and composition of offences which are not compoundable, powers
under Section 482 Cr.P.C cannot and may not be invoked to bring
to premature termination of a prosecution for non-compoundable
offences solely for the reason that the victim has been prevailed
upon to agree to the terms of the accused. At any rate the offence
in the instant case must be reckoned as one against the society at
large and it cannot be reckoned as one which is personal and
private between the petitioner and the 2nd respondent. Learned
Public Prosecutor submits that this is not a fit case in which the
dictum in Madan Mohan (supra) can be invoked. The said
dictum cannot be invoked merely on proof of the alleged
settlement/composition.
Section 387 in The Indian Penal Code, 1860 [Entire Act]
Babeesh @ Babin Kumar vs S.I.Of Police on 14 August, 2008
Following the decisions in Babeesh @ Babin Kumar v. S.I. of
Police [2008(3) KHC 713] and Santhosh v. State of Kerala
[2008 (3) KLT 240], the case against the petitioner cannot be
brought to premature termination, submits the learned Prosecutor.
Against the petitioner there are as many as nine other cases
charged. He is included in the roudy list of the concerned police
station also. Notwithstanding the fact that some of these cases
have ended in acquittal, the powers under Section 482 Cr.P.C
may not be invoked in favour of the petitioner, it is prayed.
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