The petitioners herein are the two accused in C.C.No.574/2012 before the Judicial First Class Magistrate Court, Vadakara. The offences involved are under Sections 341, 323, 324 and 506(1) of the Indian Penal Code. One of the three accused involved in the crime was a juvenile on the date of the alleged incident. He faced trial in S.T No.8/2013 before the Juvenile Justice Board, Kozhikode, and obtained a judgment of acquittal when all the material witnesses turned hostile to the prosecution. When the material witnesses did not support the prosecution the learned Assistant Public Prosecutor dispensed with the examination of the remaining witnesses, and accordingly, the juvenile was acquitted by the Juvenile Justice Board by judgment dated 17.7.2013. Now the other accused seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they have settled the whole dispute amicably out of court, and that Crl.M.C No.5988 of 2014 2 continuance of prosecution against them will not serve any purpose.
2. A perusal of Annexure 3 judgment shows that all the material witnesses turned hostile when the case against other accused came up for trial before the Juvenile Justice Board. No doubt, they cannot improve the case, and they cannot give evidence otherwise against the petitioners herein when their case goes to trial. The defacto complainant has filed affidavit to the effect that he has settled the whole dispute with the accused and that he has no grievance or complaint.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioners herein in C.C. No.574/2012 before the Judicial First Class Magistrate Court, Vadakara 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