ALSHAD Vs. MANOJ

JUDGEMENT

(1.) This is an application filed by the accused in S.C. No. 763/2013 on the file of Sessions Court, Palakkad to quash the proceedings on the basis of settlement and also on the basis of acquittal of other accused persons involved in the same crime under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) The petitioner was arrayed as 9th accused in Crime No. 40/2009 of Chalissery Police Station along with others alleging offences under Sections 143, 147, 148, 324, 326 and 307 of Indian Penal Code and 3(2)(v) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989. After investigation, final report was filed and after committal it was taken on file as S.C. Nos. 53/2012 and 399/2013 on two occasions and thereafter, both these cases were clubbed together and posted for trial. At that time, the present petitioner did not appear. So the case against him was split up and refiled as S.C. No. 763/2013. All other accused persons were tried and acquitted by the learned Sessions Judge, Palakkad by judgment dated 26.11.2013. The matter has been now settled between the parties. No purpose will be served by proceeding the case, as matter has been settled and other accused persons have already been acquitted on the ground of settlement and it will only amount to wastage of judicial time. Since, the offences alleged are non-compoundable in nature, they could not file the application for compounding before the court below. So, the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) As directed by this Court, the petitioner surrendered before the Sessions Court, Palakkad in S.C. No. 763/2013 and he was released on bail, which is evident from the report of the Sessions Judge dated 30.07.2014.