JUDGEMENT
RAJA VIJAYARAGHAVAN.V.,J. -
(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.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.