LIKESH K. Vs. JITHINRAJ

JUDGEMENT

(1.) This is an application filed by the petitioners who are the accused in C.C. No. 361 of 2012 on the file of the Judicial First Class Magistrate Court, Payyannur to quash the proceedings as against them on the basis of settlement under section 482 of Code of Criminal Procedure.

(2.) It is alleged in the petition that the petitioners are arrayed as accused numbers 1 to 6 in Crime No. 2 of 2012 of Pazhayangadi Police Station which was registered on the basis of the statement given by the 1st respondent as defacto complainant alleging offences under Section 143, 147, 148, 341, 323, 324 r/w Section 149 of Indian Penal Code. After investigation, final report was filed and it was taken on file as C.C. No. 361 of 2012 and that is pending before the Judicial First Class Magistrate court, Payyannur and now the matter has been settled between the parties and in view of the settlement, there is no possibility for any conviction. Further, they are friends and neighbours. Since some of the offences alleged are non compoundable in nature, they could not file the application before the court below. So they have no other remedy except to approach this court seeking the following relief:-

(3.) Respondents 1 and 2 who are the defacto complainant and injured appeared before this Court through counsel and submitted that the matter has been settled between the parties and they do not want to prosecute the petitioners and they have filed affidavit stating these facts.