Two crimes, as case and counter, happened to be registered in the Aroor Police Station in connection with an incident of assault involving two sets of persons. Crime No.1355/2013 was registered under Sections 341, 323 and 308 of the Indian Penal Code on the complaint of one Darwin, who sustained injuries in the said incident. Crime No.1356/2013 was registered under Sections 323 and 324 r/w 34 of the Indian Penal Code on the complaint of one Benny, who is one of the accused in the other crime. Along with Benny one Baiju had also sustained injuries in the alleged incident. The accused in Crime No.1355/2013, now pending as C.P No.8/2014 before the Judicial First Class magistrate Court II, Cherthala are the petitioners in Crl.M.C No.5662/2014. The petitioners in Crl.M.C No.5672/2014 are the accused in Crime No.1356/2013. The said case is also now pending before the same court. Now the accused on both sides seek orders under Section 482 of the Code Crl.M.C Nos.5662 & 5672 of 2014 2 of Criminal Procedure quashing the prosecution on the ground that the parties have come to terms amicably out of court, and that the whole dispute between them stands settled forever. Darwin and Martin who sustained injuries on the one side are respondents 2 and 3 in Crl.M.C No.5662/2014. They have filed affidavit to the effect that they have settled the whole dispute amicably with the accused, and that they have no complaint or grievance now. Benny and Baiju who sustained injuries on the other side are respondents 2 and 3 in Crl.M.C No.5672/2014. They have also filed affidavit to the effect that they have amicably settled the dispute with the complainant, and that they have no grievance or complaint now.
3. In so many decisions 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 out of court, and continuance of prosecution will not serve any purpose. Here I find a case of true and genuine settlement between the two groups, and I am satisfied that the whole dispute stands amicably settled. I am also satisfied that the parties are now on quite cordial terms. In such a situation continuance of Crl.M.C Nos.5662 & 5672 of 2014 3 prosecution will not serve any purpose, because nobody will support the prosecution. No doubt, such prosecution will do harm and hardship to both sides. I find that that the two cases can be quashed under Section 482 of the Code of Criminal Procedure.
In the result, these Criminal Miscellaneous Cases are allowed. Accordingly, the prosecution against the petitioners herein in Crl.M.C No.5662/2014 now pending as C.P No.8/2014 of the Judicial First Class Magistrate Court II, Cherthala and also the FIR and all further proceedings in Crime No.1356/2013 of the Aroor Police Station as against the petitioners in Crl.M.C No.5672/2014 will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by the petitioners will stand discharged.
P.UBAID JUDGE ab