ARUN Vs. BALARAM SHAJI

JUDGEMENT

(1.) THE petitioners who are accused in C.P.No.46/2014 and 56/2014 on the file of judicial First Class Magistrate Court -II, Thiruvananthapuram, have filed these applications to quash the proceedings as against them on the basis of settlement under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code').

(2.) THE common case of both the petitioners in these petitions was that, they were studying for Law Course in Kerala Law Academy, Thiruvananthapuram, and they belong to two different student groups, namely, Student Federation of India(SFI) and Akhila Bharathiya Vidyarthi Prasthan(ABVP) and on account of some difference of opinion between them in the functioning of the college, there was some incident occurred between these two student groups and both of them sustained injuries. On the basis of the statement given by the first respondent in Crl.M.C.No.3845/2014, Crime No.299/2014 of Peroorkada police station was registered, against the petitioners therein alleging offences under Section 143, 147, 148, 149, 294(b), 323, 324, 341, 506(i) and 308 of the Indian Penal Code and on the basis of the statement given by the first respondent in Crl.M.C.No.3844/2014, another crime was registered as Crime No.300/2014 of the same police station against the petitioners therein, alleging offences under Section 143, 147, 149, 323, 324 and 308 of the Indian Penal Code and after investigation final reports were field in both the cases and they are pending as C.P.Nos.56/2014 and 46/2014 respectively before the Judicial First Class Magistrate Court -II, Thiruvananthapuram.

(3.) NOW due to the intervention of teachers, parents and well -wishers of both parties, the matter has been settled between the parties and they do not want to prosecute the case against each other. Since some of the offences alleged are non -compoundable in nature, they could not file the application for compounding before the court below. So the petitioners have no other remedy, except to approach this court, seeking the following reliefs: in Crl.M.C.No.3844/2014 "It is most humbly prayed that this Hon'ble Court may be pleased to quash Annexure -A final report and further proceedings in C.P.No.46/2014 on the file of court of Judicial First Class Magistrate -II, Thiruvananthapuram in the interests of justice". in Crl.M.C.No.3845/2014 "It is most humbly prayed that this Hon'ble Court may be pleased to quash Annexure -A final report and further proceedings in C.P.No.56/2014 on the file of court of Judicial First Class Magistrate -II, Thiruvananthapuram in the interests of justice". 3. Respondents namely, the defacto - complainant and injured in both the cases appeared through the counsel and submitted that, in view of the settlement, they do not want to prosecute each other and they have filed affidavit stating these facts.