ROOPESH, MAHESH, SIJESH LAL AND SHIJU Vs. STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE AND AJAYAKUMAR

JUDGEMENT

(1.) The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.'), at the instance of the petitioners, who are accused Nos. 1 to 4 in Crime No. 1350/13 of Aluva east Police Station for the offences punishable under Sections 143, 147, 341, 323, 324, 326, 149 of I.P.C. with a prayer to quash Annexure-A1 FIR as the matter is settled out of court. The prosecution case is that the de facto complainant is an engineering student in Bangalore. He is studying there for the last 2 years and he came to his house by taking leave and for celebrating "Vishu". The matter being so, on 20.4.2013 at about 7 pm the second respondent, his mother and his mothers sister were going along in the procession of Kadungalloor Narasimha Swami Temple in connection with Arattu. When the second respondent reached at aqueduct the petitioners attacked the de facto complainant and he sustained fracture on mouth. Thus according to the prosecution, the petitioners are committed the offences punishable under Sections 143, 147, 341, 323, 324, 326, 149 of IPC. Now the case of the petitioners is that the matter is settled between himself and the de facto complainant as the issue connected with the temple procession at the intervention of the mediators. Annexure-A2 is the agreement arrived into the parties and Annexure-A3 is the affidavit sworn into by the de facto complainant who is the second respondent in the above case.

(2.) Heard the learned counsel for the petitioners as well as the second respondent. I have also heard the learned Public Prosecutor.

(3.) The learned counsel for the petitioners submitted that during the pendency of the above crime, the matter is settled amicably between the parties to the dispute which is the subject matter of the above crime. Therefore, the continuation of the proceedings in the above crime is abuse of process of law and proceedings.