NABILU Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioners who are accused in S.C No. 527/2013 on the file of Assistant Sessions Court, Koyilandi to quash the proceedings on the basis of settlement u/s. 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioners are arrayed as accused in Crime No. 648/2010 of Balussery Police Station registered on the basis of the statement given by the second respondent as de facto complainant as Annexure A1 First Information Report alleging offence u/s. 436 of the Indian Penal Code. Later, after investigation, final report was filed before the Judicial First Class Magistrate - II, Perambra and the case was committed to Sessions Court where it was taken as S.C No. 527/2013 and made over to Assistant Sessions Court, Koyilandi for disposal and it is pending before that court. There was another case between some of the members of petitioner's party and de facto complainant's party alleging offences u/ss. 143, 147, 148, 448, 341, 323, 324 and 307 r/w Section 149 of the Indian Penal Code and after investigation and committal, it was taken on file as S.C No. 742/2011 and that was ended in acquittal as per Annexure A4 judgment of Additional Sessions Court - IV, Kozhikode on the basis of settlement. Now the present dispute also resolved between the parties and on account of the settlement there is no possibility of conviction. Since the offence alleged is non -compoundable in nature, they cannot file an application for compounding before the court concerned. So they have no other remedy except to approach this court seeking the following relief:

(3.) LEARNED counsel for petitioners submitted that in view of the settlement, there is no possibility of conviction and he prayed for allowing the application.