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This is an application filed by the sole accused in CC.No.495 of 2009 on the file of the Judicial First Class Magistrate Court, No-I, Attingal to quash the proceedings on the basis of settlement u/s 482 of Code of Criminal Procedure (hereinafter called the Code).

2. It is alleged in the petition that the petitioner was arrayed as accused in Crime No.506 of 2008 of Attingal police station on the basis of a statement given by the first respondent as defacto complainant alleging offences under Sections 323 and 324 of the Indian penal Code and Section 27 of the Arms Act in respect of an incident happened while they were students in Government Polytechnic College, Attingal. After investigation, final report was filed and it was taken on file as CC.No.495 of 2009 and pending before Judicial First Class Magistrate Court-I, Attingal. Now the matter was settled between the parties. On account of the settlement the original relationship between the petitioner and the first respondent has been restored. No purpose will be served by keeping the case on file as well. Since some of the offences are non compoundable in nature, they could not file a compounding petition before the Court below. So, the petitioner has no other remedy except to approach this Court seeking the following relief:-

to quash all proceedings in furtherance to Ann-A Crime No.506 of 2008 of Attingal Police Station, Thiruvananthapuram Dist as against the petitioner, including CC.No.495 of 2009 on the file of the Judicial First Class Magistrate Court, No--I, Attingal forthwith and acquit the petitioner.

3. First respondent appeared through counsel and submitted that the matter has been settled and it was an incident happened during their college days while they were students and he had now forgiven the act of the petitioner and the old relationship has been restored and he had filed Annexure-B affidavit stating these facts. He has no grievance against the petitioner now.

4. The counsel for the petitioner also submitted that on account of the settlement, no conviction is possible and he prayed for allowing the application.

5. The learned Public Prosecutor, on instructions as directed by this Court, submitted that except this case, there is no other case against the petitioner but opposed the application on the ground that it was a political issue which resulted in the incident.

6. It is an admitted fact that the petitioner and the first respondent were students in Government Polytechnic College, Attingal at the time when the alleged incident happened. It is also an admitted fact that both the petitioner and first respondent were members of two student unions of different political party and incident happened in connection with the college election conducted during that time in he College. It is also an admitted fact that on the basis of the statement given by the first respondent as defacto complainant, crime No.506 of 2008 of Attingal police station was registered against the petitioner alleging offences under Sections 323, 324 of the Indian Penal Code and Section 27 of the Arms Act. After investigation Annexure-A final report was filed and it was taken on file as CC.No.495 of 2009 and it is now pending before the Judicial First Class Magistrate Court-I, Attingal. Now the petitioner as well as the first respondent had realised their folly of indulging in political activities during their college days and now they have settled their issues and restored their relationship on account of the settlement forgiving all the past acts that happened during their college days which happened without knowing the consequence of their acts under the influence of political ideologies imposed on them by the political leaders. In view of the settlement there is no possibility of any conviction as neither the defacto complainant nor the witnesses will support the case of the prosecution.

So the petition is allowed and further proceedings in CC.No.495 of 2009 (Crime No.506/08 of Attingal Police Station) on the file of the Judicial First Class Magistrate Court-I, Attingal as against the petitioner is quashed.

With the above directions and observations, this application is disposed of.

The Office is directed to communicate this order to the concerned Court immediately.

K.RAMAKRISHNAN, JUDGE R.AV