The petitioner in Crl.M.C No.6692/2014 is the first accused in Crime No.37/2012 of the Meppayur Police Station, registered under Sections 143, 147, 148, 341, 324, 506(2) and 308 r/w 149 of the Indian Penal Code, on the complaint of one Aadil Azad, and the petitioner in Crl.M.C No.6693/2014 is the 2nd accused in the said crime. The case against the first accused is now pending as S.C No.284/2013 before the learned Assistant Sessions Judge, Koyilandy, and the case against the second accused is pending as S.C No.941/2013 before the same court. The third accused was a juvenile on the date of the alleged incident. His case is now pending before the Juvenile Justice Board. The accused Nos.1 and 2 now seek orders quashing the prosecution as against them on the ground that they and the defacto complainant have come to terms amicably out of court on the intervention of persons acceptable to both sides. The defacto complainant Aadil Azad is the 2nd respondent in these proceedings. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no complaint or grievance now. Of course, on a perusal of the proceeding, I find that there is Crl.M.C Nos.6692 & 6693 of 2014 2 absolutely no material to attract Section 308 of the Indian Penal Code, and the said section was in fact incorporated by the police on the basis of a purely hypothetical statement. Anyway, the parties have come to terms amicably, and nobody has any grievance or complaint now. I am well satisfied that there is a real and genuine settlement between the parties. In such a situation, continuance of prosecution will not serve any purpose, other than wasting the precious time of the court. In the nature of the allegations, I find that continuance of prosecution may also cause harm and hardship to both sides, or may even cause further disputes. I find that that the prosecution will have to be quashed.
In the result, these Criminal Miscellaneous Cases are allowed. The prosecution against these petitioners herein, pending as S.C No.284/2013 and S.C No.941/2013 before the learned Assistant Sessions Judge, Koyilandy will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, these petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID JUDGE ab