Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Rajeev

High Court Of Kerala|24 November, 2014
|

JUDGMENT / ORDER

These Crl.M.C.s have been filed under Section 482 of the Code of Criminal Procedure. The relief sought for in Crl.M.C. No.3424 of 2014 is to get the F.I.R. in Crime No.788 of 2013 of Alappuzha South Police Station and all further proceedings based on it, quashed. The relief sought for in Crl.M.C. No.3398 of 2014 is to get the F.I.R. in Crime No.792 of 2013 of Alappuzha South Police Station and all further proceedings based on it, quashed. 2. Crime No.788 of 2013 is registered for the offences punishable under Sections 143, 147, 148, 149, 452, 294(b), 323, 324, 427 and 307 of the Indian Penal Code read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. It seems that very serious allegations are levelled against the petitioners. This is a case in which the house trespass is specifically alleged Crl.M.C.3424 & 3398 of 2014 2 and attempt to commit murder is also specifically alleged. Weapons including sword sticks were made use of by the petitioners. According to the learned counsel for the petitioners, the matter has been settled between the injured persons and the petitioners, who are the accused.
3. This is not a matter which can be permitted to be settled or compounded. In a case like this, the so called settlement arrived at between the parties, cannot be accepted and endorsed by this Court. Matters being so, this Crl.M.C. is not maintainable and is only to be dismissed. In the result, this Crl.M.C. is dismissed.
4. Crl.M.C. No.3398 of 2014 is allegedly a counter case, in respect of Crime No.788 of 2014 of Alappuzha South Police Station. When the parties in Crime No.788 of 2013 are not permitted to compound the matter involved in that case, the parties in Crime No.792 of 2013 also, cannot be permitted to compound the matter. Matters being so, this Crl.M.C. is also liable to be Crl.M.C.3424 & 3398 of 2014 3 dismissed and I do so. In the result, Crl.M.C.No.3398 of 2014 is also dismissed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Rajeev

Court

High Court Of Kerala

JudgmentDate
24 November, 2014
Judges
  • B Kemal Pasha