JAYARAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner, who is the accused in SC. No. 675/2011 to quash the proceedings on the basis of a settlement under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner was charge sheeted by the Sub Inspector of Police, Kalamassery police station in Crime No. 1401/2011 which was registered on the basis of a statement given by the de facto complainant alleging that the petitioner had inflicted injuries on respondents 2 to 5 and committed the offences under Sections 324 and 308 of the Indian Penal Code. After investigation, final report was filed and after committal, the case was taken on file as S.C. No. 675/2011 by the Sessions Court and it was made over to Principal Assistant Sessions Court, North Paravur for disposal. After evidence, the learned Principal Assistant Sessions Judge found the petitioner not guilty under Section 308 of the Indian Penal Code and acquitted him of that charge, but found him guilty under Section 324 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years. Aggrieved by the same, the petitioner filed Crl. A. No. 390/2013 before the Sessions Court, Ernakulam and which was made over to the Additional Sessions Court, North Paravur for disposal and it is pending before that court. In the mean time, the matter has been settled between the parties and they have filed Annexure A3 series affidavits. Since the case has already been ended in conviction and the offence for which he was convicted is non compoundable now, the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) RESPONDENTS 2 to 5 also appeared through counsel and submitted that they have no grievance against the petitioner now in quashing the proceedings.