Two crimes happened to be registered in the Kunnikode Police Station of Kollam District, in connection with an incident of assault and open fight involving two sets of persons. Crime No.368/2006 was registered under Sections 452, 324, 307 of the Indian Penal Code on the complaint of one Shaiju, who sustained severe injuries in the alleged incident. Crime No.369/2006 was registered under Sections 452, 341, 323, 427 of the Indian Penal Code as a counter case, on the complaint of one Shahul Hammed, who also sustained injuries in the incident. The said Shahul Hammed, the petitioner in Crl.M.C No.5108/2014 is the sole accused, and the injured Shaiju and another person are the two accused in Crime No.369/2006. Now both the prosecutions are sought to be quashed under Section 482 of the Code of Criminal Procedure on the ground that the persons on both sides have come to amicable settlement out of court, on the intervention of persons acceptable to both sides, and the injured persons have no grievance or complaint now. The injured Shaiju is the 2nd respondent in Crl.M.C Crl.M.C Nos.5108 & 5276 of 2014 2 No.5108/2014 and the injured Shahul Hammed is the 2nd respondent in Crl.M.C No.5276/2014. The case against the accused in Crime No.368/2006 was later transferred to the register of long pending cases, and as directed by this Court the accused therein surrendered before the learned Magistrate and obtained regular bail. The case against the accused in Crime No.369/2006 is now pending as C.C.No.607/2013 before the Judicial First Class Magistrate Court III, Punalur. On surrender by the accused in Crime No.368/2006 the case was re-filed as C.P No.125/2014. That case is now pending before the same court.
2. In so many decisions including Gian Singh V. State of Punjab [2012(4) KLT 108] and Narinder Singh & Ors. V. State of Punjab and another (2014(2) KLJ 252) the Hon'ble Supreme Court has made some guidelines for exercise of powers under Section 482 of the Code of Criminal Procedure. The Hon'ble Supreme Court has held that even in cases involving non compoundable offences the High Court can quash prosecution if the parties have really settled the whole dispute, and continuance of prosecution will not serve any purpose. Here I find such a situation, where the parties have really come to terms out of court, and nobody has any grievance or complaint
Crl.M.C Nos.5108 & 5276 of 2014 3 now. The persons on both sides have amicably resolved the whole dispute and it is reported that they are now on quite cordial terms. I am definite that no purpose will be served in proceeding with the case in such a situation, because none of the material witnesses will not in any manner support the prosecution in court when the case against the petitioners goes to trial. Practically continuance of prosecution will be a sheer waste of time. I am inclined to allow the request to quash the prosecution.
In the result, these Criminal Miscellaneous Case are allowed. The prosecution pending against the petitioner herein in Crl.M.C No.5108/2014 now pending as C.P No.125/2014 before the Judicial First Class Magistrate Court III, Punalur and the prosecution pending against the petitioners in Crl.M.C No.5276/2014 in C.C.No.607/2013 in the same court, 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