The petitioners in these two proceedings are the accused involved in two crimes registered in the Nedumbassery Airport Police station. The incident alleged in one crime is connected with the incident alleged in the other crime. Some of the parties are also common in the two crimes. Crime No.895 of 2011 was registered under Secs.323, 384 and 427 read with Sec.34 of IPC on the complaint of one Martin. He is also the 2nd respondent in Crl.M.C. No.6922 of 2014. He is also the defacto complainant in Crime No.899 of 2011, registered under Sec.427, 447 and 109 read with Sec.34 of IPC. One incident happened on 02.10.2011 and the other happened on 03.10.2011. However, the incidents are connected. The petitioners now seek orders quashing the prosecution on the ground that they have amicably settled the whole dispute out of Court. Martin, the defacto complainant in the two crimes has filed affidavit in the two proceedings Crl. M.C. Nos.6921 & 6922 of 2014 2 that he has settled the dispute with the accused, and that he has no grievance or complaint now. Of course many of the offences are infact compoundable but, orders are sought under Sec.482 of Cr.P.C. because one crime involves the offence under Sec.384 of IPC. Anyway, the whole disputes now stands settled. 2. I am well satisfied that there is a real and genuine settlement between the parties. Crime No.895 of 2011 is now pending as C.C. No.1314 of 2012 before the Judicial First Class Magistrate Court-II, Aluva and Crime No.899 of 2011 is pending as C.C. No.1115 of 2012 in the same Court. Now it is submitted that the two cases stand transferred to the newly established First Class Magistrate Court at Ankamaly. In view of the amicable settlement made by the parties out of Court, the prosecutions can be quashed because, continuance of prosecution will not serve any purpose. No doubt, nobody will support the prosecution if the two cases go to trial.
3. In the result these two petitions are allowed.
The prosecution as against the petitioners in Crl.M.C.
Crl. M.C. Nos.6921 & 6922 of 2014 3 No.6921 of 2014 in C.C. No.1115 of 2012 of the Judicial First Class Magistrate Court-II, Aluva, which now stands transferred to the Judicial First Class Magistrate Court, Ankamaly and also the prosecution against the petitioners in Crl.M.C. No.6922 of 2014 in C.C. No.1314 of 2012 of the Judicial First Class Magistrate Court-II, Aluva, which now stands transferred to the Judicial First Class Magistrate Court, Ankamaly, will stand quashed under Sec.482 of Cr.P.C. Accordingly, the petitioners will stand released from prosecution, and the bail bonds, if any, executed by the petitioners will stand discharged.
Sd/- P.UBAID JUDGE NS