NAZEER Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by accused Nos. 1 to 3 in S.C. No. 404 of 2013 pending before the Court of Assistant Sessions Judge, Kochi, to quash the proceedings on the basis of settlement under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioners were arrayed as accused Nos. 1 to 3 in Crime No. 1583 of 2012 of Mattancherry Police Station, which was registered on the basis of a statement given by the de facto complainant, second respondent, alleging that they have committed offences punishable under Sections 323, 324, 341 and 308 read with Section 34 of the Indian Penal Code. After investigation, final report was filed before the Judicial First Class Magistrate Court -II, Kochi, and it was taken on file as C.P. No. 12 of 2013 and thereafter, it was committed to the Court of Sessions, where it was taken on file as S.C. No. 404 of 2013 and thereafter it was made over to Court of Assistant Sessions Judge, Kochi, and it was now pending before that Court.

(3.) RESPONDENTS 2 to 5, who are the de facto complainant and other injured in the case appeared through counsel and submitted that the matter has been settled between the parties due to the intervention of well wishers of both parties and on account of the settlement, their old relationship has been restored and harmony has been brought among the people of locality and they do not want to prosecute the petitioners in view of the settlement. They also stated that they have filed separate affidavits stating these facts.