A prosecution involving the offences under Sections 341, 324, 506(2) and also Section 3(1)(X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is sought to be quashed under Section 482 of the Code of Criminal Procedure,
2. Petitioners are the two accused in the said case, now pending as C.P. No.129/2014 before the Judicial First Class Magistrate Court-III, Nedumangadu. Crime in the said case was registered on the complaint of one Rakhavan, that these petitioners assaulted and abused him on the ground that he belongs to scheduled caste. The said Rakhavan is the 2nd respondent in this proceeding. Orders are sought on the ground that the parties have amicably settled the whole dispute out of court. The 2nd respondent has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no complaint or grievance now. A mere instance of abuse or humiliation will not attract such a prosecution. Anyway, the parties have really settled the whole dispute, and I am also well satisfied that there is a genuine settlement. The 2nd respondent appeared in court in person as directed by the court. On interacting Crl.M.C No.6188 of 2014 2 with him I found that there is a real settlement, and that he has settled the dispute quite voluntarily. He also stated that he and the accused are now on quite cordial terms.
3. The Hon'ble Supreme Court has held that even in cases involving non compoundable offences, the High Court can quash prosecution if the parties have really settled the whole dispute, if it does not involve any public interest or public issue, and continuance of prosecution will not serve any purpose. On interacting with the complainant in open court I am well satisfied that continuance of the prosecution will not serve any purpose, other than wasting the precious time of the court because he and the others will not support the prosecution.
In the result, the Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.P No.129/2014 before the Judicial First Class Magistrate Court III, Nedumangadu will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
P.UBAID JUDGE ab Crl.M.C No.6188 of 2014 3 The name of the lower court “Judicial First Class Magistrate Court III, Nedumangad” occurring in the 1st sentence of 2nd paragraph and in the operative portion of the order dated 13.11.2014 in Crl.M.C No.6188/2014 is corrected and substituted as “Judicial First Class Magistrate Court-I, Nedumangad” vide order dated 7.9.2015 in Crl.M.A No.8826/2015 in Crl.M.C No.6188/2014.
Sd/- Registrar (Judicial)