SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the accused persons in CC. No. 918 of 2013 pending before the Judicial First Class Magistrate Court, No -II, Perinthalmanna to quash the proceedings on the basis of settlement under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioners were charge sheeted by the Sub Inspector of Police, Melatur police station in Crime No. 171 of 2013 of that police station which was registered on the basis of the statement given by the second respondent as de facto complainant alleging offences under Sections 143, 147, 148, 324 and r/w 149 of the Indian Penal Code. After investigation final report was filed and it was taken on file as CC. No. 918 of 2013 pending before the Judicial First Class Magistrate Court, No. II Perinthalmanna. The petitioners and the de facto complainant were friends and due to the intervention of mediators and well wishers, the matters has been settled between the parties and the de facto complainant and injured who were shown as respondents 2 to 4 do not want to prosecute the case any longer as their relationship has been restored. Since some of the offences are non compoundable in nature, they could not file the application before the Court below. So they have no other remedy except to approach this Court seeking the following relief: -

(3.) COUNSEL for the petitioner also submitted in view of the settlement, there is no possibility of conviction and so they prayed for allowing the application.