The petitioners herein are the six accused in Crime No. 59/2014 of the Meenangadi Police Station of Wayanad District. On the final report submitted by the police, the learned Judicial First Class Magistrate Court-I, Sulthan Batheri took cognizance as C.C.No. 630/2014. The petitioners now seek orders quashing the prosecution, on the ground that they and the injured persons including the defacto complainant have settled the dispute amicably out of court. Crime in the said was registered under Sections 341,323,324 and 34 IPC, on the complaint of one Kalesh, that the petitioners herein assaulted him and his friends Basheer and Jithin Ghosh, in connection with some dispute, and inflicted injuries on their body with weapons. The said Kalesh and others are respondents 1 to 3 in this proceeding. They have filed affidavit to the effect that they have settled the dispute with the petitioners, and they have no complaint or grievance now. I am well satisfied that there is a real and genuine settlement Crl.M.C.. No. 4525/2014 2 between the parties, and that continuance of prosecution in such a situation will not serve any purpose. Orders under Section 482 Cr.P.C. are sought because composition as such is not possible under the law, when the offence under Section 324 IPC is non- compoundable, after the amendment to the Cr.P.C. When there is a real settlement, it is definite that the material witnesses will not support the prosecution, if the case goes to trial. In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences the High Court can quash the prosecution, if continuance of prosecution will not serve any purpose. In the result, this Crl.M.C. is allowed. The prosecution as against the petitioners herein in C.C. No. 630/2014 (Crime No. 59/2014 of the Meenangadi Police Station of Wayanad District) of the Judicial First Class Magistrate Court-I, Sulthan Batheri, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution. The bail bond, if any, executed by them will stand discharged.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE