Crl.M.C. No. 4884/2014 relates to Crime No. 1781/2013 of the Vadakara Police Station, registered under Sections 341, 324 and 308 IPC on the complaint of one Ibrahim that the petitioners assaulted him and inflicted injuries on his body with the knowledge that the injuries may cause death. The said Ibrahim is the sole accused in Crime No. 1782/2013 of the same Police Station, registered as a counter case, under Sections 341, 323 and 324 IPC on the complaint of one Abdulla, who is the 2nd respondent in Crl.M.C.No. 4894/2014. Crime No. 1781/2013 is now pending as C.P. No. 70/2014 before the Judicial First Class Magistrate Court, Vadakara. Crime No. 1782/2013 is also pending in the same court as C.C. No. 632/2014. Now, the two cases are sought to be quashed under Section 482 Cr.P.C. on the ground that the parties have come to terms amicably out of court, and that the whole disputes which led to the registration of Crl.M.C. Nos. 4884 & 4894 of 2014 2 two crimes stands resolved forever. The only injured person in Crime No. 1782/2013, and the two injured persons in Crime No. 1781/2013, have filed affidavit to the effect that the whole dispute stands resolved forever, and that they have no complaint or grievance now. In Crime No. 1781/2013, I find that Section 308 IPC was incorporated in the FIR on the basis of a purely hypothetical statement. What is at the most involved is the offence under Section 324 IPC. In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash prosecution under Section 482 Cr.P.C.; be it at the crime stage, or at the trial stage, if the parties have really settled the whole dispute, and that continuance of prosecution will not serve any purpose. In this case, I am well satisfied that the parties have settled both the cases, and have amicably resolved the whole issue forever. No doubt, the material witnesses will not in any manner support the prosecution, if the two cases go to trial. I find that continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the Crl.M.C. Nos. 4884 & 4894 of 2014 3 trial court. I find that the prosecutions against the petitioners can be quashed by applying the guidelines made by the Honourable Supreme Court. In the result, the two petitions are allowed. Prosecution in C.P. No. 70/2014 of the Judicial First Class Magistrate Court, Vatakara as against the petitioners in Crl.M.C. No. 4884/2014 and prosecution in C.C. No.632/2014 of the same court as against the petitioner in Crl.M.C. No. 4894/2014 will stand quashed under Section 482 Cr.P.C., and the respective accused in the two crimes will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE