Two crimes, as case and counter, happened to be registered in the Nenmara Police Station of Palakkad District in connection with an incident of assault and fight involving two student factions in the campus of the N.S.S. College, Nenmara. Crime No.28/2014 was registered under sections 143, 147, 323 and 341 IPC read with section 149 IPC on the complaint of one Gopinath, who sustained injuries on one side. One Manikandan had also sustained injuries along with Gopinath. The petitioners in Crl.M.C.No.6652/2014 are the accused in the said crime, which is now pending as C.C.No.881/2014 before the Judicial First Class Magistrate Court, Alathur. On the complaint of one Varun, who sustained injuries on the other side Crime No.35/2014 was registered under sections 143, 147, 323 and 341 IPC read with section 149 IPC. The accused in the said crime are the petitioners in Crl.M.C.No.6646/2014. Their case is now pending as C.C.No.1150/2014 before the same court. Now the accused on both sides seek orders under section 482 of the Cr.P.C. quashing the prosecution on the ground that the parties have come to terms amicably. Gopinath and Manikandan, who Crl.M.C.Nos.6646 & 6652 of 2014 2 sustained injuries on one side are the respondents 1 and 2 in Crl.M.C.No. 6652/2014. Varun and Abhijith, who sustained injuries on the other side are the respondents 1 and 2 in Crl.M.C.No.6646/2014. The injured persons in the two proceedings have filed affidavit to the effect that they have settled the whole dispute, and that they have no complaint or grievance.
2. I am well satisfied that there is a real and genuine settlement between the parties, and that they are now on quite cordial terms within campus and beyond campus. In such a situation, continuance of prosecution will not serve any purpose, and it will cause harm and hardship to both sides. Applying the guidelines made by the Honourable Supreme court, the two prosecutions can be quashed under section 482 of the Cr.P.C.
In the result, both the petitions are allowed. The prosecution against the petitioners in Crl.M.C.No.6646/2014 in C.C.No. 1150/2014 of the Judicial First Class Magistrate Court, Alathur, and also the prosecution against the petitioners in Crl.M.C.No.6652/2014 in C.C.No.881/2014 of the same court, will stand quashed under section 482 of the Cr.P.C. Accordingly the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
vpv P. UBAID, JUDGE