ABDUL KARIM Vs. K.B.BAVA

JUDGEMENT

(1.) This is an application filed by the petitioners who are the accused numbers 1 to 3 in C.C. No.3352 of 2014 pending before the Judicial First Class Magistrate Court, Chalakudy to quash the proceedings on the basis of the settlement under section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioners were arrayed as accused numbers 1 to 3 in Crime No.801 of 2013 of Mala Police Station which was registered on the basis of the statement given by the 1st respondent as defacto complainant alleging offences under Section 448, 341, 323, 294(b), 506(1) r/w Section 34 of Indian Penal Code. After investigation, final report was filed and it was taken on file as C.C.No.3352 of 2013 and now pending before the Judicial First Class Magistrate Court, Chalakudy. The dispute is between family members. 1st respondent is the father -in -law of the 3rd petitioner and 2nd respondent is the brother in law of the 3rd petitioner and petitioners 1 and 2 are the relatives of the 3rd petitioner. In fact there was some matrimonial dispute between the daughter of the 1st respondent, who is the wife of the 3rd petitioner and on account of that, on 3.4.2014 some incident happened and on the basis of the statement given by the 1st respondent, above crime was registered. Now, the matter has been settled between the parties due to the intervention of the well -wishers and the 3rd petitioner is now residing with the daughter of the defacto complainant. In view of the settlement, there is no possibility of conviction. Since some of the offences are non -compoundable in nature, they could not file the application before the court below. So the petitioner has no other remedy except to approach this court seeking the following relief: "To quash Annexure 1 final report in C.C.No.3352 of 2012 on the file of the Judicial First Class Magistrate Court, Chalakudy.

(3.) Respondents 1 and 2 appeared through counsel and submitted that the matter has been settled between the parties. It is a matrimonial dispute and the daughter of the1st respondent is now residing with the 3rd petitioner and so they do not want to prosecute the case on account of settlement. They also stated that they have filed Annexure A2 and A3 affidavits stating these facts.