JAYAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed by the petitioners, who are accused 1 & amp; 5 to 10 in C.C. No. 243/2009 on the file of the Judicial First Class Magistrate Court-II, Palakkad to quash the proceedings on the basis of the settlement under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) It is alleged in the petition that the petitioners were arrayed as accused 1 & amp; 5 to 10 in Crime No. 79/2009 of Kongad police station which was registered on the basis of a statement given by the second respondent as de-facto complainant alleging offences under Sections 143, 147, 341 and 323 read with Section 149 of the Indian Penal Code. After investigation, Annexure-A1 final report was filed and it was taken on file as C.C. No. 243/2009 on the file of the Judicial First Class Magistrate Court-II, Palakkad. The entire matter has been settled between the parties. The parties were known to each other. Due to intervention of well wishers of both the parties, the matter has been settled and their old relationship has been restored. The de-facto complainant and other injured do not want to prosecute the petitioners as well. Since some of the offences are non compoundable in nature, they could not file application before the court below. On account of the settlement, there is no possibility of conviction as well. So the petitioners have no other remedy except to approach this Court seeking the following relief:

(3.) Respondents 2 to 4 have appeared through counsel and submitted that they have no objection in quashing the proceedings as the matter has been settled due to intervention of well wishers of both the parties.