SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioners who are accused in Crime No.780/12 of Rajakkadu Police Station 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 & 2 in Annexure I Crime No.780/2012 of Rajakkadu Police Station alleging offences under Sections 447, 294(b), 341, 324, 188, 308 read with Section 34 of Indian Penal Code. The allegation was that, on 25.11.2012 at about 12 noon, the accused persons criminally trespassed into the property of the de facto complainant in violation of the injunction order passed by Munsiff's Court, Devikulam and wrongfully restrained the de facto complainant and abused him with obscene languages and with an intention to commit culpable homicide, not amounting to murder, inflicted injuries with chopper, stick and stone and thereby, they have committed the above said offences. The matter has been settled between the parties due to the intervention of elders of the family of both parties and also prominent members of the society. Further, they were neighbours and close relatives as well. The incident happened due to some sudden provocation and misunderstanding. Now, on account of the settlement, their relationship has been restored. So, the de facto complainant does not want to prosecute the petitioners any longer. No purpose will be served by proceeding with the case as well. Since some of the offences alleged are non compoundable in nature, they could not file the application before the court below. So, the petitioners have no other remedy except to approach this court seeking the following relief:

(3.) THE Counsel for the petitioners submitted that in view of the settlement, there is no purpose in continuing with the case as no conviction will be possible and in fact, on account of the settlement, the relationship between the petitioners and the de facto complainant has been restored to the original position and he prayed for allowing the application.