SEBASTIAN Vs. ANILKUMAR

JUDGEMENT

(1.) THESE two applications were filed by accused persons in S.C.No.1015/2013 pending before the Additional Sessions Court, Irinjalakkuda, and C.C.No.6758/2011 pending before the Judicial First Class Magistrate Court, Irinjalakkuda, to quash the proceedings, on the basis of settlement under Section 482 of the Code of Criminal Procedure.

(2.) THE common case of both these petitioners in these petition is that, on 17.06.2011 at about 1.30 p.m., there was some incident occurred between the petitioners in both the cases, in connection with some family disputes in which some of the petitioners in both cases sustained injuries and on the basis of the statement given by the first respondent in Crl.M.C.4162/2014, Crime No.970/2011 of Irinjalakkuda police station was registered, against the petitioner therein, alleging offences under Section 294(b), 326 and 307 of the Indian Penal Code and Section 27 of the Arms Act and after investigation, final report was filed and after committal the case is now pending before the Additional District and Sessions Court, Irinjalakkuda, as S.C.No.1015/2013. In respect of the same incident, on the basis of the statement given by the first respondent in Crl.M.C.No.4158/2014, who is the petitioner in Crl.M.C.No.4162/2014, another crime was registered as Crime No.975/2011 against the petitioners in that case, alleging offences under Section 294(b), 447, 323, 324 and 354 read with Section 34 of the Indian Penal Code. After investigation, final report was filed and it is now pending as C.C.No.6758/2011 on the file of Judicial First Class Magistrate Court, Irinjalakkuda, against the petitioners in that case, who includes the first respondent in Crl.M.C.No.4162/2014. Both the petitioners were neighbours and due to the intervention of well -wishers of both parties, the matter has been now settled between the parties and they do not want to prosecute the case against each other. Since certain offences are non -compoundable in nature, they could not move the courts below for this purpose. In view of the settlement, no purpose will be served by proceeding with the case as well. So the petitioners in both the cases have no other remedy, except to approach this court, seeking the following reliefs: in Crl.M.C.No.4158/2014 "It is humbly prayed that this Hon'ble Court may be pleased quash Annexure 1 final report in C.C.No.6758/2011 on the file of the Judicial First Class Magistrate Court, Irinjalakkuda". in Crl.M.C.No.4162/2014 "It is humbly prayed that this Hon'ble Court may be pleased quash Annexure 1 final report in S.C.No.1015/2013 on the file of the Additional District & Sessions Court, Irinjalakkuda (Crime No.970/2011 of Irinjalakuda police station)".

(3.) THE respondents 1 and 2 in Crl.M.C.No.4158/2014 and first respondent in Crl.M.C.No.4162/2014, who are the affected persons and defacto -complainant in both the cases appeared through counsel and submitted that, the matter has been settled between the parties due to the intervention of well -wishers of both parties and on account of the settlement, their original relationship has been restored and they do not want to prosecute each other and they have filed affidavits stating these fats.