O R D E R

This is an application filed by the petitioners who are accused Nos. 1 and 2 in Crime No.581/12 of Malayinkeezhu Police Station to quash the proceedings on the basis of settlement under Section 482 of Code of Criminal Procedure .

(hereinafter called 'the Code').

2. It is alleged in the petition that petitioners were arrayed as accused Nos. 1 & 2 in Crime No.581/12 of Malayinkeezhu Police Station which was registered on the basis of the complaint given by the second respondent as de facto complainant alleging that the petitioners were conducting a chitty and they committed default in honouring the terms of the chitty and respondents 2 to 5 who were working under the petitioners as agents for collecting chitty subscriptions, were put to trouble by the subscribers and that prompted them to file the complaint and thereby, the accused have committed the above said offence namely Sections 420 & 406 read with Section 34 of Indian Penal Code . While the investigation is in progress, the matter has been settled between the parties and the respondents 2 to 5 have no grievance now and there is no complaint from the subscribers as well. On account of the settlement, respondents 2 to 5 do not want to prosecute the petitioners as well. There is no public interest involved and it is a personal and private dispute which resulted in the registration of the crime which has now been settled. On account of the settlement, no purpose will be served in proceeding with the investigation or the trial of the case, if ultimately, final report is filed. Since it is in the crime stage, neither the court below nor the police will accept the compounding and drop the proceedings. So, they have no other remedy except to approach this court seeking the following relief:

“To quash annexure-I F.I.R in crime No.581/2012 of Malayinkeezhu Police Station, Thiruvananthapuram District.”

3. Respondents 2 to 5 appeared through Counsel and submitted that the matter has been settled between the parties and they have no grievance against the petitioners now and they do not want to prosecute the case against the petitioners in view of the settlement. They filed affidavit stating these facts as well.

4. The Counsel for the petitioners submitted that in view of the settlement, there is no possibility of conviction and they 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 cases against the petitioners and no complaints have been received against the petitioners as well regarding the conduct of the chitty but opposed the application for quashing the case at this stage invoking the power under Section 482 of the Code.

6. Further, since the offences alleged are compoundable in nature and so, there is no necessity to invoke Section 482 of Code of Criminal Procedure to quash the proceedings.

7. It is an admitted fact that on the basis of the complaint filed by the second respondent, originally Annexure II First Information Report was registered as Crime No.1508/12 of Irinjalakuda Police Station against the petitioners and thereafter, it was transferred to Malayinkeezhu Police Station as the transaction occurred within their jurisdiction where Annexure I First Information Report was re registered as Crime No.581/12 of Malayinkeezhu Police Station. It is alleged in the First Information Statement itself that the de facto complainant namely, the second respondent and other respondents namely, respondents 3 to 5 were working as employees under the petitioners who, according to them, were conducting a private chitty and they were appointed as the collection agents to collect the chitty subscription from the subscribers and though the chitties were bid by the subscribers, the amounts were not paid and they were put to difficulties by the subscribers which prompted them to file a complaint. There is no case for the prosecution that any of the subscribers have got