ASHIK MEHTAB S/O. M.K.C. KULLIATI AND SALIH S/O. SOOPY Vs. BALAKRISHNAN S/O. KUNHIRAMAN NAIR AND STATE OF KERLA

JUDGEMENT

(1.) THE petitioners who are two of the accused in Crime No. 359 of 2004 of Perambra Police Station for offences punishable under Sections 147, 148, 341, 323, 308 read with Section 149 I.P.C. seek to quash all further proceedings in the said case. The case against the first petitioner is now pending before the Assistant Sessions Court, Quilandy as L.P. No. 7 of 2008 and the case of the 2nd petitioner is pending before the said Court as S.C. No. 174 of 2009.

(2.) ADMITTEDLY , non -bailable warrants of arrest are pending against the petitioners. According to the petitioners the co -accused in the case have been acquitted after trial in S.C. 129 of 2006 on the file of the same court as per Annexure - 1 judgment dated 29 -10 -2008. The petitioners would have it that the matter has been settled between the petitioners and the de facto complainant as is represented by his Counsel. If the offences do not involve any money dispute personally between the parties the offences cannot be termed as disputes coming within the scope of Madan Mohan Abbot and related cases so as to enable this Court to compound the non -compoundable offences by resort to Section 482 Cr.P.C. The remedy of the petitioners is to move the trial court and plead for a discharge. I am inclined to permit the petitioners to plead for a discharge in absentia in case they file an application in that behalf within two weeks from today. If the petitioners comply with the above condition the Assistant Sessions Judge shall not insist on their personal appearance for the disposal of the discharge petition which shall be disposed of notwithstanding the pendency of any warrants of arrest pending against the petitioners. It shall be open to the petitioners to bring to the notice of the court below that the co -accused in the case have already been acquitted after trial.