SANTHOSH Vs. STATE OF KERALA AND ANIL KUMAR

JUDGEMENT

(1.) This is an application filed by the petitioner who is the accused in C.C. No. 724/11 on the file of the Judicial First Class Magistrate Court, Pala, to quash proceedings recording compounding under Section 482 of Code of Criminal Procedure. It is alleged in the petition that on the basis of the statement given by the de facto complainant second respondent herein, Annexure A crime was registered as Crime No. 337/11 against the petitioner alleging offences under Sections 451, 341 and 294(b) of Indian Penal Code. After investigation, final report was filed and the case was taken on file as C.C. No. 724/11 on the file of the Judicial First Class Magistrate Court, Pala and the case is now pending before that court. In the meantime, the matter has been settled between the parties and Annexure C settlement was arrived at between the parties and the de facto complainant had decided to withdraw the complaint against the petitioner. In view of the settlement, no purpose will be served in proceeding with the case. Since some of the offences are non-compoundable in nature, no petition can be filed before the court below to record compounding and the petitioner has no other remedy except to approach this court seeking the following relief:

(2.) Second respondent appeared through Counsel and submitted that matter has been settled between the parties and Annexure C agreement was entered into between the parties regarding this aspect and he does not want to prosecute the petitioner as the difference of opinion between them has been resolved due to settlement. The Counsel for the petitioner submitted that in view of the settlement, no purpose will be served in proceeding with the case.

(3.) Learned Public Prosecutor, on instructions, as directed by this court submitted that, there is no other case against the petitioner and he has no criminal background but opposed the application.