ORDER

Petitioner is the 2nd accused in Crime No.644 of 2014 of Chalissery Police Station, Palakkad. The case was committed to the Sessions Court as S.C.No.810 of 2016. However, since the petitioner was absconding, the case against him was split up and has been re-filed as S.C.No.414 of 2023 on the files of the Additional Sessions Court, Ottappalam. Though the trial in S.C.No.810 of 2016 proceeded against accused 3 to 6 and ended in their acquittal, it is noticed from the statement, now given by the defacto complainant, that he has preferred an appeal against the said acquittal. Therefore the benefit of acquittal of the co-accused cannot be extended to the petitioner in view of the pendency of the appeal.

2. As far as quashing of the proceedings on the basis of settlement which is stated to have been arrived at with the defacto complainant is concerned, in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] and in Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653], the Supreme Court has observed that in serious and heinous crimes including Section 307 of I.P.C., the proceedings cannot be quashed on the basis of settlement.

3. A perusal of the alleg