ABDUL MAJEED Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the 1st accused in C.C. No. 770/2012 on the file of the Judicial First Class Magistrate Court -II, Perinthalmanna.

(2.) HAVING regard to various aspects pointed out in the Crl. M.C. and in the affidavit, it can be seen that there will not be any useful purpose in proceeding with the case in the light of the stand taken by the 2nd respondent herein and there is no chance for a successful prosecution also. Even though the offences under Sections 365 and 506(ii) are non compoundable, this Court can exercise the power under Section 482 of the Code of Criminal Procedure in the light of the decisions of the Apex Court in Joshi vs. State of Haryana ( : 2003 (2) KLT 1062 (SC)) and in Gian Singh vs. State of Punjab ( : 2012 (4) KLT 108 (SC)).