RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are accused No's 1 to 5 in C.C.No.1197 of 2012 on the file of the Judicial Magistrate of 1st Class III, Thrissur. They are being prosecuted for having committed offences punishable under Sections 143, 147, 148, 341, 323 and 326 read with Section 149 of the IPC. The 2nd respondent is the victim.

(2.) The instant petition is filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the "Code") banking on the ratio of the Judgment rendered by the Apex Court in Gian Singh v. State of Punjab ( 2012 (4) KLT 108) and a series of other cases which include Narinder Singh and others v. State of Punjab and anr. (2014) 6 SCC 466) and Yogendra Yadav and others V. State of Jharkhand (2014 (9) SCC 653 ) with a prayer to quash the above proceeding.

(3.) The sole ground is that the Apex Court in the above judgments have delineated the circumstances and the cases in which inherent powers under Section 482 of the Code can be invoked de hors section 320 of the Code for recognizing out of court settlement for the purpose of quashing criminal proceedings. It is prayed that powers under Section 482 of the Code be invoked to quash the criminal proceedings.