K.K. ABDURAHIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the accused persons in Crime No. 273/2014 of Kozhikode Cusba police station to quash the proceedings on account of the settlement under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioners were arrayed as accused 1 and 2 in Crime No. 273/2014 of Kozhikode Cusba police station which was registered on the basis of a complaint given by the second respondent against the present petitioners and 10 identifiable persons alleging offences under Sections 143, 147, 148, 452, 323, 308, 427 and 506(ii) read with Section 149 of the Indian Penal Code. While the investigation was in progress, the matter has been settled between the parties. In fact it was relating to some property dispute which resulted in the incident and registration of the crime and the same has been now settled between the parties as per Annexure A3 agreement and the de facto complaint has filed Annexure A4 affidavit also in support of the same. The civil dispute between the parties were settled as a result of the settlement. So the de facto complainant does not want to prosecute either the petitioners or other persons mentioned in the First Information Report. No purpose will be served by proceeding with the case. Since it is in crime stage and some of the offences are non compoundable in nature, neither the police nor the court will drop the proceedings at this stage. So the petitioners 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, no purpose will be served by proceeding with the investigation as it will only amount to wastage of judicial time and he prayed for allowing the application.