MONCY Vs. PRADEEP

JUDGEMENT

(1.) This petition is filed u/s 482 of the Code of Criminal Procedure.

(2.) The petitioners herein are the accused Nos. 1 to 7 in Crime No. 108 of 2013 of the Pathanamthitta Police Station. The aforesaid crime was registered at the instance of the 1st respondent herein alleging offences punishable under S. 143, 147, 148, 294B, 324, 308 r/w S. 149 of the Indian Penal Code. After investigation Annexure 1 Final Report has been laid before the Judicial Magistrate of the First Class -I, Pathanamthitta and the same is pending as CP No. 55 of 2013.

(3.) The learned counsel appearing for the petitioner would submit that the parties are neighbours and though Section 308 of the Indian Penal Code is also incorporated, Crl.M.C.2675 of 2016 the injuries sustained by the de facto complainant and the injured were trivial. It is further submitted that a counter case was registered by the Police against the de facto complainant and the same is pending as CC No. 1512 of 2014 on the file of the learned Magistrate. According to the learned counsel, the parties have settled their disputes at the instance of mediators and well wishers and to withdraw all pending cases as against the parties. The learned counsel would also submit that Annexure 2 and 3 are the affidavits filed by the respondents 1 and 2 who are the de facto complainant and the injured respectively, wherein they have emphatically stated that the matter has been settled and they do not intend or desire to prosecute the case as against the petitioners herein.