JOHN ROSE Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the sole accused now in C.C.No.629/2012 on the file of Judicial First Class Magistrate Court, No -II, Neyyattinkara to quash the proceedings on the basis of settlement as well as on the basis of acquittal of other accused persons under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner was originally arrayed as third accused in Crime No. 143/2006 of Parassala Police Station along with other persons alleging offences under Sections 143, 147, 148, 149, 447, 427, 506(ii) of Indian Penal Code and Section 27 of the Arms Act. After investigation, final report was filed and the case was originally taken as C.C.No.629/2012 on the file of Judicial First Class Magistrate Court, No -II, Neyyattinkara. Except the present petitioner and 5th accused, others were tried and acquitted as per Annexure D Judgment dated 28.05.2012. The case against the present petitioner and 5th accused was split up and it was refiled as C.C.No.629/2012. Now, the present petitioner surrendered before the court and he was granted bail. The matter has been settled between the parties and considering the fact that certain offences are non -compoundable in nature, they could not file an application for compounding before the court below. No purpose will be served on account of the proceeding with the case as well. Further, the petitioner is also entitled to get the benefit of acquittal of co -accused as the foundation of the case has been shattered out. So, the petitioner has no other remedy except to approach this court seeking the following relief:

(3.) THE Counsel for the petitioner also submitted that in view of the settlement and also considering the fact that other accused persons were acquitted, no purpose will be served by keeping the case on file. So, he prayed for allowing the application.