The petitioner herein is the second accused in Crime No.929/2007 of the Kondotty Police Station in Malappuram District, registered under Sections 323 and 353 of the Indian Penal Code. The original first accused faced trial in C.C.No.719/2009 before the Judicial First Class Magistrate Court, Malappuram and obtained a judgment of acquittal when the material witnesses turned fully hostile during prosecution. When the petitioner herein remained consistently absent during the trial process, his case was split up and re-filed as C.C.No.287/2014. Now he has brought this application under Section 482 of the Code of Criminal Procedure to quash the prosecution on the ground that he and the defacto complainant have amicably settled the whole dispute, and that continuance of prosecution as against him will not serve any purpose.
2. Annexure 4 judgment of the trial court in C.C.No.719/2009 shows that none of the material witnesses including the defacto complainant supported the prosecution during trial. In such a circumstance, the original first accused was acquitted by the trial court under Section 255(1) of the Code of Criminal Procedure.
Crl.M.C No.5667 of 2014 2 The defacto complainant, who sustained simple injuries in the alleged incident is one Subrahmanyan. He is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the petitioner herein and he has no complaint or grievance. Even otherwise, I find that continuance of prosecution will not serve any purpose because the defacto complainant would not in any manner support the prosecution, in case, the case against the petitioner goes to trial. In the original case he did not support the prosecution in view of the settlement made out of court. In such a situation continuance of prosecution against the petitioner herein will be a sheer waste of time. Applying the decisions of the Hon'ble Supreme Court this prosecution can be quashed under Section 482 of the Code of Criminal Procedure.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioner herein in C.C No.287/2014 before the Court of Judicial First Class Magistrate, Malappuram 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