NASEEM.M. Vs. C.H.ASHRAF

JUDGEMENT

(1.) THIS is an application filed by the sole accused in C.C.No.861/14 (third accused in Crime No.391/2010 of Hosdurg Police Station) on the file of the Judicial First Class Magistrate Court, No -I, Hosdurg for quashing the proceedings on the basis of settlement under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner is the sole accused in C.C.No.861/14 now pending before Judicial First Class Magistrate Court, No -I, Hosdurg. The case was originated on the basis of the statement given by the de facto complainant who is the first respondent herein against the petitioner and two others as Crime No.391/2010 of Hosdurg police station alleging offences under Section 324 read with Section 34 of Indian Penal Code. After investigation, final report was filed and the case was originally taken as file as C.C.No.805/2010. Since the present petitioner did not appear, the learned magistrate proceeded the case as against accused Nos.1 and 2 and after trial, they were acquitted and the case against the present petitioner was split up and refiled as C.C.No.861/2014 and the same is now pending before that court. Respondents 1 and 2 are the injured in the case. Now, the matter has been settled between the petitioner and the respondents 1 and 2. Since the offence is non -compoundable, they cannot file an application before the court below for record compounding. No purpose will be served by proceeding with the case as well in view of the settlement and conviction will be remote in such cases. So, the petitioner has no other remedy except to approach this court seeking the following relief:

(3.) THE Counsel for the petitioner submitted that in view of the settlement, there is no possibility of conviction.