KHALID Vs. KHALID

JUDGEMENT

(1.) THIS is an application filed by the petitioners who are accused in C.C.No.1298/13 of Judicial First Class Magistrate Court, No -II, Perinthalmanna 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 were arrayed as accused in C.C.No.1298/13 pending before the Judicial First Class Magistrate Court, No -II, Perinthalmanna which originated on the basis of Crime No.462/13 of Wandoor Police Station registered on the basis of the statement given by the second respondent as de facto complainant alleging offences under Sections 448, 323 & 324 read with Section 34 of Indian Penal Code. After investigation, final report was filed and it is now pending as C.C.No.1298/13 before Judicial First Class Magistrate Court, No -II, Perinthalmanna. Now, the matter has been settled between the pNies. Really it was a family dispute which resulted in the registration of crime. Since some of the offences are non compoundable in nature, they could not file the application for compounding before the court below. On account of the settlement, no purpose will be served by proceeding with the case as well. So, the petitioners have no other remedy except to approach this court seeking the following relief: "To quash all further proceedings against the petitioners/accused in Crime No:462/2013 of Wandoor Police Station, now pending as C.C.No.1298/2013 on the files of Judicial First Class Magistrate Court -II, Perinthalmanna pursuant to Annexure -I F.I.R and Annexure -II Final Report in the interest of justice."

(3.) THE Counsel for the petitioners submitted that in view of the settlement, conviction will be remote and he prayed for allowing the application.