MOHAMMED RAFI Vs. MOHAMMED NAUFAL

JUDGEMENT

(1.) THIS is an application filed by the petitioners who are accused Nos.1 to 4 in CC.No.1969 of 2010 on the file of the Judicial First Class Magistrate Court, No -II, Kottarakkara to quash the proceedings on the basis of settlement under Section 482 of the Criminal Procedure Code (herein after called the Code).

(2.) IT is alleged in the petition that petitioners and respondents 2 to 4 were students of Travancore Engineering College, Kollam and on account of some difference opinion between them, there was some incident happened and the first respondent herein filed a private complaint before the Judicial First Class Magistrate Court, No -II, Kottarakkara against the petitioners alleging commission of offences under Section 341, 323 and 324 r/w Section 34 of the Indian Penal Code which was forwarded to the police for investigation by the learned Magistrate under Section 156(3) of the Criminal Procedure Code. On receipt of the above complaint, a case was registered as Crime No.607 of 2009 of Pooyappaly police station and after investigation Annexure -A1 final report was filed which was taken on file as CC.No.1969 of 2010 and it is now pending before the Judicial First Class Magistrate Court, No -II, Kottarakkara. In the meantime, the matter has been settled between the parties due to the intervention of family members and well wishers of both parties. Respondents 1 to 3 who are the defacto complainant and injured in the case do not want to prosecute the petitioners any longer on account of the settlement. No purpose will be served by continuing the case as well in view of the settlement. Since some of the offences are non compoundable in nature, they could not file the application before the Court below for record compounding. So, they have no other remedy except to approach this Court seeking the following relief: - to quash the entire proceedings initiated against the petitioner, in CC.No.1969 of 2010 of Judicial First Class Magistrate Court, No -II, Kottarakkara, in the interest of justice.

(3.) THE counsel for the petitioners also submitted that in view of the settlement, no purpose will be served by proceeding with the case and no conviction will be possible as well. So he prayed for allowing the application.