The petitioners herein are the original accused nos. 3 and 4, in S.T. No.1533/2009 of the Judicial First Class Magistrate Court, Ponnani. Crime in this case was registered under section 143, 147, 148, 323, 324 and 283 IPC, on the complaint of one Anoob. During investigation, the Police deleted section 324 IPC on the finding that no weapon was, in fact, used by the accused, and accordingly submitted final report under the other sections. The original accused nos. 1 and 2 faced trial before the learned Magistrate and obtained a judgment of acquittal on 18.3.2014 under section 255(1) Cr.P.C., when all the witnesses, including Anoob, turned hostile to the prosecution in view of an amicable settlement made out of Court. The case against the other accused nos. 3 to 6 was Crl.M.C. No.5219/2014 -2-
split up and re-filed as S.T. No. 582/2014.
2. Now, the case against the petitioners stands transferred to the register of long pending cases as L.P. No. 248/2014. The petitioners seek orders quashing the prosecution against them on the ground that continuance of prosecution will not serve any purpose, when they have amicably settled the whole dispute with the de facto complainant. The first informant Anoob is the 2nd respondent herein. He has filed affidavit to the effect that he has settled the dispute with all the accused including the petitioners herein, and he has no complaint or grievance. The trial court acquitted accused nos. 1 and 2, when nobody supported the prosecution in view of an amicable settlement. In such situation, I find that continuance of prosecution against the petitioners will not serve any purpose other than wasting the precious time of the Court. No doubt, nobody will support the prosecution, if the case Crl.M.C. No.5219/2014 -3-
goes to trial.
In the result, the petition is allowed. The prosecution against the petitioners in Crime No.648/2008 of Changaramkulam Police Station, which now stands transferred to the register of long pending cases as L.P. No. 248/2014 will stand quashed under section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution in the said crime, and the bail bond, if any, executed by them will stand discharged.
Sd/- P.UBAID, JUDGE jjj