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Judgment
T.R. Ramachandran Nair, J.—The petitioner is the 1st accused in C.C. No. 770/2012 on the file of the Judicial First Class Magistrate Court-II, Perinthalmanna.
The offences alleged are punishable under Sections 365, 324, 342, 355, 506(ii) read with Section 34 of Indian Penal Code. The petitioner is stated to be employed abroad. It is further submitted that the differences of opinion between the parties have been talked over by the mediators and are settled out of court. The 2nd respondent is the de facto complainant. The 2nd respondent has sworn to an affidavit stating that there is a settlement of all the disputes. It is submitted that the petitioner''s mother is a complainant in Crime No. 219/2012 which is also being settled.
Heard the learned Public Prosecutor also. The affidavit filed by the 2nd respondent states that the differences of opinion between the complainant and the accused are talked over in the presence of the mediators and have been settled out of court. The parties are known to each other and living in the same local area. In pursuance of the settlement, the 2nd respondent has no existing grievances against the petitioner and the other accused involved in the matter.
Having regard to various aspects pointed out in the Crl. M.C. and in the affidavit, it can be seen that there will not be any useful purpose in proceeding with the case in the light of the stand taken by the 2nd respondent herein and there is no chance for a successful prosecution also. Even though the offences under Sections 365 and 506(ii) are non compoundable, this Court can exercise the power u/s 482 of the Code of Criminal Procedure in the light of the decisions of the Apex Court in B.S. Joshi and Others Vs. State of Haryana and Another, and in Gian Singh Vs. State of Punjab and Another, .
For all the above reasons, the Crl. M.C. is allowed and the proceedings in C.C. No. 770/2012 pending before the Judicial First Class Magistrate Court-II, Perinthalmanna as against the petitioner will stand quashed.