PRINCE, S/O.KUNJURAVI Vs. RADHAKRISHNA PILLAI

JUDGEMENT

(1.) THIS is an application filed by the petitioners who are accused Nos.1 and 2 in L.P.No.514/2007 on the file of the Judicial First Class Magistrate Court, No -II, Kollam to quash the proceedings on the basis of settlement under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioners are accused Nos.1 and 2 in Crime No.378/03 of Kundara Police Station alleging offences under Sections 452, 323, 506(ii) read with Section 34 of Indian Penal Code and Section 27 of Arms Act and after investigation, final report was filed against 4 accused persons including petitioners and it was originally taken on file as C.C.No.1316/03 on the file of the Judicial First Class Magistrate Court, No -II, Kollam. Accused Nos.3 and 4 appeared and after trial, they were acquitted by the learned magistrate as per judgment dated 30.06.2007 and case against the present petitioners was split up and refiled as C.C.No.1011/2007. Since the petitioners did not appear even thereafter, the case was transferred to register of long pending cases and it is now pending as L.P.No.514/2007 before that court and non -bailable warrants have been issued against the petitioners. Now, the matter has been settled between the injured in this case as well. In view of the settlement and also in view of the fact that accused Nos.3 and 4 were already acquitted, no purpose will be served in keeping the case and no conviction will be possible in such cases. Since some of the offences are non -compoundable in nature, they cannot file any application before that court. So, they 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, no purpose will be served by allowing the case to proceed with.