EPHRAIM GEORGE MAMPILLY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner, who is the sole accused in C.C.3900/2010 pending before the Judicial First Class Magistrate Court -II, Ernakulam to quash the proceedings on the basis of the settlement under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner has been arrayed as the sole accused in Crime No.1544/2010 pending before Ernakulam Central Police Station registered on the basis of a statement given by the second respondent as defacto complainant alleging offences under Sections 341, 323, 324, 447,427 and 294(b) of the Indian Penal Code. After investigation final report was filed and it was taken on file as C.C.No.3900/2010 on the file of the Judicial First Class Magistrate Court -II, Ernakulam. Now the matter has been settled between the parties. On account of the settlement, there is no possibility of conviction. Since some of the offences alleged are compoundable in nature, they could not file application for compounding before the court below. So the petitioner has no other remedy except to approach this Court seeking the following relief: a. Call for entire records leading to Annexure -A2 final report/charge in the file of the Judicial First Class Magistrate Court -II, Ernakulam and quash the same and all the proceedings arising out of the same in the interest of justice. b. Grant sch other reliefs which are prayed for and deems fit to be granted by this Honourable Court in the interest of justice.

(3.) THE second respondent appeared through counsel and submitted that the matter has been settled and he has no grievance against the petitioner and he has filed an affidavit stating these facts and the bank in which he is working as security has also filed Annexure -A4 affidavit and he has no objection in allowing the application.