ABDUL KADER BARAMI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed by the petitioners, who are accused 1 and 4 in Crime No. 532/2011 of Feroke police station, to quash the proceedings on the basis of the settlement and also on the basis of acquittal of other accused persons under Section 482 of the Code of Criminal Procedure.

(2.) It is alleged in the petition that the petitioners are arrayed as accused 1 and 4 in Crime No. 532/2011 of Feroke police station registered on the basis of a statement given by the second respondent as de facto complainant alleging the offences under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 of the Indian Penal Code and after investigation, final report was filed and it was originally taken on file as C.C. No. 969/2011 before the Judicial First Class Magistrate-V, Kozhikode. Since the petitioners did not appear, case against them was split up and others were tried and acquitted by the court below as per Annexure-A2 judgment. The petitioners were studying in London at that time. Now the matter has been settled between the petitioners and the de facto complainant as well. In view of the acquittal of other accused persons and also on account of the settlement, no purpose will be served by proceeding with the case. Since some of the offences are non bailable in nature, they could not file application before the court below for compounding the case. So the petitioners have no other remedy except to approach this Court seeking the following relief:

(3.) Respondents 2 and 3, who are the de facto complainant and the injured, appeared before this Court through counsel and submitted that the matter has been settled between the parties and the case against other accused persons have been ended in acquittal and they have no grievance against the petitioners and they filed Annexures-A3 and A4 affidavits stating these facts. The counsel for the petitioners submitted that in view of the settlement and also in view of the acquittal of other accused persons, there is no possibility of conviction even if it is allowed to continue. So he prayed for allowing the petition.