The petitioner herein is the original second accused in Crime No.255/2000 of the Payyannur Police Station. On the final report submitted by the police, the learned Judicial First Class Magistrate Court, Payyannur took cognizance under Sections 341, 323, 294(b) of the Indian Penal Code. Accused Nos.1 and 3 entered appearance before the learned Magistrate and faced trial in C.C.No.566/2000. Though a composition as such was not acceptable in view of the offence under Section 294 (b) of the Code of Criminal Procedure, the learned Magistrate directed the prosecution to examine the material witnesses. But nobody supported the prosecution. The deposition given by the injured witnesses is produced as Annexure A3 in this proceeding. Annexure 5 is the copy of the judgment in C.C. No.566 of 2000. This judgment shows that none of the material witnesses including the defacto complainant, who sustained injuries, supported the prosecution. They turned hostile in view of a compromise amicably made out of court. Accordingly, the Crl.M.C No.5790 of 2014 2 learned Magistrate acquitted accuses Nos.1 and 3 by judgment dated 26.7.2004 in C.C. No.566/2000. Now the original second accused seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that continuance of prosecution against him will not serve any purpose, and that prosecution cannot in any manner improve the case as against him when none of the material witnesses will in any manner support the prosecution. The case against him now stands split up and re-filed as C.C. No.794/2014.
2. On a perusal of the material documents including the deposition given by the material witnesses in the main case, and also the judgment of the learned Magistrate in C.C No.566/2000, I find that the parties have really settled the whole dispute, and that the injured defacto complainant turned hostile during trial, in view of the amicable settlement made out of court. No doubt, he will not in any manner support the prosecution against the petitioner herein.
3. In so many decisions the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High court can act under Section 482 of the Code of Criminal Procedure and quash the proceedings if the parties Crl.M.C No.5790 of 2014 3 have really settled the whole dispute amicably.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioner herein in C.C.No.794/2014 of the Judicial First Class Magistrate, Payyannur will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
P.UBAID JUDGE ab