KANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in C.C. No. 1989/12 (Crime No. 225/2011 of Hemambika Nagar Police Station) and accused in C.C. No. 467/11 (Crime No. 224/2011 of Hemambika Nagar Police Station) both pending before Judicial First Class Magistrate Court, No-III, Palakkad have filed these applications for quashing the proceedings on the basis of settlement under Section 482 of Code of Criminal Procedure. (Hereinafter called "the Code")

(2.) The common case of the petitioners in both the cases was that, they were students of NSS Engineering College, Palakkad at the relevant time and due to some misunderstanding between two groups of the students, there was an incident happened on 09.08.2011 in which some of the petitioners in both the cases sustained injuries and on the basis of the statement given by the second respondent in Crl.M.C. No. 4075/14, Crime No. 225/2011 of Hemambika Nagar Police Station was registered against the petitioners in that case alleging offences under Sections 143, 147, 148, 341, 323, 326 read with Section 149 of Indian Penal Code and on the basis of the statement given by the second respondent in Crl.M.C. No. 4079/14, Crime No. 224/2011 of same Police Station was registered against the petitioners in that case alleging offences under Sections 143, 147, 341, 323 read with Section 149 of Indian Penal Code and after investigation, final reports were filed in both the cases and they are now pending as C.C. No. 1989/12 and C.C. No. 467/11 respectively before that court. Now, due to the intervention of well wishers of both the parties, the matter has been settled between them and their original relationship has been restored and they do not want to prosecute each other. According to the petitioners, there is no public interest is involved. Since some of the offences are non compoundable in nature, they could not file the application for compounding before the concerned court. So, the petitioners have no other remedy except to approach this court seeking the following relief:

(3.) The respective de facto complainant and injured in both the cases appeared through Counsels and submitted that the matter has been settled between the parties and they do not want to prosecute each other and it was an incident happened due to some misunderstanding between them which has been resolved due to the intervention of well wishers of both parties. They have filed affidavits stating these facts as well.