NOUSHAD HUSSAIN Vs. FAISAL

JUDGEMENT

(1.) The petitioner herein is the sole accused in Crime No.845 of 2013 of Kayamkulam Police Station. He is charged for having committed offence punishable under Sections 323, 324 and 341 of the IPC. 1st respondent is the de facto complainant.

(2.) The instant petition is filed under Section 482 of the Code of Criminal Procedure 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 Another (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 can be invoked de hors section 320 of the Code of Criminal Procedure for recognizing out of court settlement for the purpose of quashing criminal proceedings. It is prayed that powers under Section 482 of the Code of Criminal Procedure be invoked to quash the criminal proceedings .