The court emphasized the cautious use of the power under Section 482 of the Code, especially in cases involving public interest and grave offenses, and highlighted the distinction between compoundable and non-compoundable offenses.

This Criminal Miscellaneous Case is filed by the petitioners, who are accused 1 to 7 in Crime No.299/2011 of Poochackal police station of Alappuzha district to quash the proceedings on the basis of a settlement under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

2. It is alleged in the petition that the petitioners were arrayed as accused 1 to 7 in Crime No.299/2011 of Poochackal police station alleging commission of offences punishable under Sections 143, 147, 148, 342, 324, 307 (wrongly shown as Section 308 in the synopsis and statement of facts) and 506(ii) read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. They are really innocent and they have been falsely implicated in the case. The defacto complainant and the injured are DYFI workers, Communist Party of India (Marxist) sympathizers while the petitioners belong to Rashtirya Swayam Sevak Sangh and sympathizers of Bharathiya Janatha Party. There is no public interest involved and it is a private dispute, which resulted in the criminal case.

3. The matter has been now settled between the parties. No purpose will be served by proceeding with the case and pendency of the crime will have some adverse impact on their employment prospects and they are seeking for employment now. The 6th petitioner (Ranjithkumar) has now been advised by the Kerala Public Service Commission for the post of Fireman Driver cum Pump Operator in Fire and Rescue Services Department and if the prosecution of the case is not terminated, he will not be given appointment. Since some of the offences are non compoundable in nature and it is in the crime stage, the court will not quash the proceedings. So, the petitioners have no other remedy except to approach this Court seeking the following reliefs:

“For the grounds mentioned above and for other grounds that may be urged at the time of arguments, it is most respectfully prayed that this Hon'ble Court may be pleased to quash Annexure-I charge sheet and all proceedings based on the same”.

4. On the basis of the allegations in the petition, the Public Prosecutor was directed to file a statement regarding the antecedents of the petitioners and their involvement in other criminal cases and accordingly, the Circle Inspector of Police, Cherthala has filed a statement, which reads as follows:

“1. It is respectfully submitted that, the above writ petition has been filed by the petitioner for quashing the charge sheet in Crime No.299/2011 of Poochakkal Police Station.

2. It is submitted that ,on 16.5.2011 at about 20.45 hrs, the petitioners 1 to 7 formed themselves into an unlawful assembly, armed with deadly weapons like sword stick, iron rode and wooden stick, assaulted and attempted to kill the 2nd respondent Satheesanpillai and 3rd respondent Suresh, due to political enmity. The 2nd and 3rd respondents sustained serious injuries all over their body. A case as Cr.299/11 u/s 143, 147, 148,149,506(ii), 324, 307 IPC and Sec.27 of Arms act w as registered on 17.5.2011 at 02.00 hrs by ASI Sri. Dharmajan, on the basis of the statement of 2nd respondent Satheeshanpilai. This being a grave crime, the then Circle Inspector of Police, Cherthala Sri.K.A Abdul Salam conducted the investigation of the case.

3. It is submitted that, the Circle Inspector of Police, Cherthala conducted the investigation of the case and arrested all the accused involved in the case, seized the weapons on 23.5.2011. In his investigation, all the accuse are having active role in the commission of the offence. A2 Mahesh was the person who chopped on the back of the 2nd respondent using stick sword. The investigation of th case was completed and the case was charged sheeted on 8.8.12 and the same is under trial as SC 1060/13 at the Honourable Sessions Court, Alappuzha.

4. It is submitted that, the only reason for this case was political enmity of the petitioners, who are the activists of RSS, towards the respondents