The petitioner herein stands convicted and sentenced under Sections 324 and 326 of the Indian Penal Code by the Chief Judicial Magistrate Court, Palakkad in C.C.No.49/2009. He was sentenced to undergo simple imprisonment for one year under Section 324 IPC, and to undergo simple imprisonment for two years and also to pay a fine of ₹2,000/- under Section 326 IPC. Aggrieved by the conviction and sentence he has approached the Court of Session, Palakkad with Crl.A No.259/2010. The sentence stands suspended by the Court of Session. Pending the proceeding the parties settled the dispute amicably out of court. In such a situation, the petitioner brought this petition under Section 482 of the Code of Criminal Procedure, to have the whole proceeding against him including the appeal, and also the conviction and sentence made by the trial court, quashed. Crime in the said case was registered on the complaint of one Murali, that the petitioner herein inflicted simple and grievous injuries on his Crl.M.C No.5587 of 2014 2 body with weapon. In C.C.No.49/2009 he supported the prosecution. He is the 2nd respondent in this proceeding. He has filed affidavit to the effect that now he has settled the whole dispute with the accused, and that he has no grievance or complaint.
2. The petitioner relies on the decision of this Court in Biju Eappen V. State of Kerala & another [2010(1) KHC 916] to seek relief under Section 482 of the Code of Criminal Procedure. Of course, the matter is pending in appeal, and the appellate court cannot set aside the conviction otherwise than on merits. This Court, following the decisions of the Hon'ble Supreme Court, has held in Biju Eappen V. State of Kerala, that even in cases where the offence is not compoundable and where the appellate court cannot set aside the conviction and sentence otherwise than on merits, the High Court can exercise inherent powers under Section 482 of the Code of Criminal Procedure if the parties have really settled the whole dispute after the conviction, and continuance of prosecution will do injustice to the parties in any manner. If the parties have really settled the whole dispute and resolved the dispute forever, it would only be appropriate for the court to close the proceeding.
Crl.M.C No.5587 of 2014 3 In this case I find that the parties have really settled the whole dispute after the conviction made by the trial court, and now the defacto complainant has no grievance or complaint. I find that by applying the above decision of this Court and the decisions of the Hon'ble Supreme Court this prosecution can be closed.
In the result, this Criminal Miscellaneous Case is allowed. The conviction and sentence against the petitioner herein made by the Chief Judicial Magistrate Court, Palakkad in C.C No.49/2009 on 29.3.2010 will stand set aside and the Criminal Appeal brought by the petitioner herein before the Court of Session, Palakkad as Crl.A No.259/2010 will stand closed. The petitioner herein will stand released from prosecution under Section 482 of the Code of Criminal Procedure, and the bail bond executed by him will stand discharged.
P.UBAID JUDGE ab