MANOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed by the petitioners, who are accused 1 to 7 in Crime No.299/2011 of Poochackal police station of Alappuzha district to quash the proceedings on the basis of a settlement under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) It is alleged in the petition that the petitioners were arrayed as accused 1 to 7 in Crime No.299/2011 of Poochackal police station alleging commission of offences punishable under Sections 143, 147, 148, 342, 324, 307 (wrongly shown as Section 308 in the synopsis and statement of facts) and 506(ii) read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. They are really innocent and they have been falsely implicated in the case. The defacto complainant and the injured are DYFI workers, Communist Party of India (Marxist) sympathizers while the petitioners belong to Rashtirya Swayam Sevak Sangh and sympathizers of Bharathiya Janatha Party. There is no public interest involved and it is a private dispute, which resulted in the criminal case.

(3.) The matter has been now settled between the parties. No purpose will be served by proceeding with the case and pendency of the crime will have some adverse impact on their employment prospects and they are seeking for employment now. The 6th petitioner (Ranjithkumar) has now been advised by the Kerala Public Service Commission for the post of Fireman Driver cum Pump Operator in Fire and Rescue Services Department and if the prosecution of the case is not terminated, he will not be given appointment. Since some of the offences are non compoundable in nature and it is in the crime stage, the court will not quash the proceedings. So, the petitioners have no other remedy except to approach this Court seeking the following reliefs: