SHAINU Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioners who are accused in CC.68/2013, on the file of the judicial First Class Magistrate Court -I, Thiruvananthapuram, to quash the proceedings as against them, in view of the settlement, under section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that, petitioners were arrayed as accused numbers 1 to 6 in CC.68/2013, pending before the Judicial First Class Magistrate Court -I, Thiruvananthapuram, which was originated on the basis of the crime registered as crime no.824/2012, of Mannanthala police station on the basis of the statement given by the second respondent as defacto complainant against the petitioners alleging offences under section 143, 147, 148, 149, 294(b), 427, 447, 506(ii) of Indian Penal Code. Now the matter has been settled between the parties, due to the intervention of well -wishers. No possibility of conviction 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. So the petitioners have no other remedy except to approach this court seeking the following relief: -

(3.) THE counsel for the petitioners also submitted that in view of the settlement, there is no possibility of conviction and he prayed for allowing the application.