RINIL Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioners who are accused Nos.1 and 6 in C.C.No.194/2009 pending before Judicial First Class Magistrate Court, Alathur to quash the proceedings on the basis of settlement under 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioners are accused in C.C.No.194/2009 on the file of the Judicial First Class Magistrate Court, Alathur. The above case was originated on the basis of Crime No.215/2009 of Vadakkenchery Police Station which was registered on the basis of the statement given by the third respondent against the petitioners alleging commission of offences under Sections 143, 147, 148, 341, 294(b), 323, 324 read with Section 149 of Indian Penal Code. After investigation, final report was filed and the case was taken on file as C.C.No.194/2009 and pending before the Judicial First Class Magistrate Court, Alathur. In the meantime, the matter has been settled between the petitioners and the third respondent. In fact, the petitioners and the third respondent are neighbours and the matter has been settled due to the intervention of mediators and well wishers of both parties and on account of the settlement, their relationship has been restored. No purpose will be served by proceeding with the case in view of the settlement. Since some of the offences are non -compoundable in nature, they have no have no other option except to approach this court seeking the following relief:

(3.) THE Counsel for the petitioners also submitted that in view of the settlement, no purpose will be served in keeping the case. So, he prayed for allowing the application.