The petitioner herein is the original second accused in C.C. No. 52/2010 of the Judicial First Class Magistrate Court, Alathur. Crime in the said case was registered under Sections 143, 147, 148, 341, 323, 324 r/w 149 IPC on the complaint of one Ponmala that the petitioner and the other accused assaulted him and one Ramesh, and inflicted injuries on their body with weapons in prosecution of a criminal design made by them. All the other six accused faced trial before the learned Magistrate in CC No.52/2010, and obtained a judgment of acquittal on 12.9.2013, when all the material witnesses including the first informant turned practically hostile to the prosecution, in view of a settlement made out of court. The case against the petitioner herein was split up and refiled as C.C No. 3424/2013, when he consistently remained absent during the trial process. Now he seeks orders quashing the prosecution on the ground that he and the injured persons have come to terms amicably. The Annexure B judgment in C.C No.52/2010 shows that the other six accused obtained a judgment of acquittal when all the material witnesses including the first informant turned hostile. The Crl. M.C No. 5577 of 2014 2 judgment shows that they did not in any manner support the prosecution in view of an amicable settlement made out of court. The first informant Ponmala, and the other injured Ramesh are the respondents 1 and 2 in this proceeding. They have filed affidavit to the effect that they have settled the dispute amicably with the petitioner, and that hey have no grievance or complaint. I find that there is a real and genuine settlement between the parties, and that continuance of prosecution in the present situation will not serve any purpose. No doubt, the prosecution cannot in any manner improve the case as against the petitioner herein, if it goes to trial and that continuance of prosecution will definitely be a waste of time. In the result, this Crl.M.C is allowed. The prosecution as against the petitioner herein in C.C 3424/2013 of the Judicial First Class Magistrate Court- Alathur will stand quashed under Section 482 Cr.P.C. Accordingly, he will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
P.UBAID, JUDGE sab