WILLIAMS @ WILLY ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioners who are accused Nos. 1 and 2 in Crime No.581/12 of Malayinkeezhu Police Station to quash the proceedings on the basis of settlement under Section 482 of Code of Criminal Procedure. (hereinafter called 'the Code').

(2.) IT is alleged in the petition that petitioners were arrayed as accused Nos. 1 & 2 in Crime No.581/12 of Malayinkeezhu Police Station which was registered on the basis of the complaint given by the second respondent as de facto complainant alleging that the petitioners were conducting a chitty and they committed default in honouring the terms of the chitty and respondents 2 to 5 who were working under the petitioners as agents for collecting chitty subscriptions, were put to trouble by the subscribers and that prompted them to file the complaint and thereby, the accused have committed the above said offence namely Sections 420 & 406 read with Section 34 of Indian Penal Code. While the investigation is in progress, the matter has been settled between the parties and the respondents 2 to 5 have no grievance now and there is no complaint from the subscribers as well. On account of the settlement, respondents 2 to 5 do not want to prosecute the petitioners as well. There is no public interest involved and it is a personal and private dispute which resulted in the registration of the crime which has now been settled. On account of the settlement, no purpose will be served in proceeding with the investigation or the trial of the case, if ultimately, final report is filed. Since it is in the crime stage, neither the court below nor the police will accept the compounding and drop the proceedings. So, they 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 possibility of conviction and they prayed for allowing the application.