APPI @ RAFEEQ Vs. A.K. MUNEER

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioners, who are the accused in C.C.No.361/2014 on the file of the Judicial First Class Magistrate Court, Kasaragod to quash the proceedings on the basis of a settlement under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioners were arrayed as the accused in Crime No.502/2013 of Adhur police station, which was registered on the basis of a statement given by the first respondent/defacto complainant alleging commission of the offences under Sections 341, 323 and 326 read with Section 34 of the Indian Penal Code. After investigation, final report was filed and it was taken on file as C.C.No.361/2014 on the file of the Judicial First Class Magistrate Court, Kasaragod. Now the matter has been settled between the parties. On account of the settlement, the defacto complainant does not want to proceed against the petitioners and there is no possibility of conviction as well. Since some of the offences Crl.M.C.No.4361 of 2014 2 are non compoundable in nature, the petitioners could not file application before the court below. So they have no other remedy except to approach this Court seeking the following relief: "For these and other grounds to be urged at the time of hearing it is humbly prayed that this Honourable court may kindly quash the entire proceedings in C.C.No.361/2014 on the file of the Hon'ble Judaical First Class Magistrate Court, Kasaragod in Crime No.502/2013 of Adhur police station (Annexure A) by allowing this Criminal Miscellaneous Case". .

(3.) THE counsel for the petitioners submitted that in view of the settlement, no purpose will be served by proceeding with the case. So he prayed for allowing the application.