JOB Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by accused nos. 1 to 5 in C.C. No. 2506/2013 pending before Judicial First Class Magistrate Court -I, Alappuzha, to quash the proceedings on the basis of the settlement under section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioners were arrayed as accused nos. 1 to 5 in Crime No. 828/2013 of Mannancherry Police Station, Alappuzha District on the basis of the statement given by the de facto complainant -the second respondent, alleging offences under sections 143, 147, 148, 452 and 324 r/w. 149 of Indian Penal Code. After investigation, final report has been filed and the case is now taken on file as C.C. 2506/2013 and pending before Judicial First Class Magistrate Court -I, Allapuzha. Petitioners 1 to 5 and respondents 2 and 3 are close relatives and neighbours. In fact, there was some misunderstanding in respect of the marriage of the daughter of the first accused with the son of the de facto complainant and that resulted in the unfortunate incident. Now, all the disputes have been settled and the marriage has been accepted by both parties and they are living happily now. In view of the settlement, there is no possibility of conviction and since some of the offences are non compoundable in nature, they could not file application before the concerned court for recording compounding. So the petitioners have no other remedy except to approach this court seeking the following reliefs

(3.) THE counsel for the petitioners also submitted that in view of the settlement there is no possibility of conviction and he also prayed for allowing the application.