The petitioner herein is the original first accused in Crime No.29/2011 of the Nooranadu Police Station, Alappuzha District, registered under Sections 452, 324 and 323 of the Indian Penal Code. Crime in the said case was registered on the complaint of one Salim that the petitioner herein and the co- accused assaulted him and his relatives, including his minor son and inflicted injuries on their body. The other accused faced trial before the Judicial First Class Magistrate Court II, Mavelikkara in C.C No.127/2011 and obtained a judgment of acquittal when all the material witnesses turned hostile to the prosecution in view of a settlement arrived at out of court. The case against the petitioner herein was split up, and re-filed as C.C.No.810/2013, when he remained consistently absent during the proceeding. He now seeks orders under Section 482 of the Code of Criminal Procedure, quashing the prosecution which is now pending as C.P No.47/2014 before the Judicial First Class Crl.M.C No.5651 of 2014 2 Magistrate Court II, Mavelikkara. In fact C.C.No.810/2014 proceeded for trial, but at a very later stage the learned Magistrate found that one of the injured being a juvenile on the date of incident the case will have to be committed to the Court of Session. It was accordingly, C.C.No.810/2014 was converted as committal proceeding and numbered as C.P No.47/ 2014.
2. The first informant Anzar and the other persons, who sustained injuries in the incident are respondents 2 to 4 in this proceeding. They have filed affidavit to the effect that they have amicably settled the whole dispute out of court, and that they have no complaint or grievance now. The injured Salim, who lodged FIR has filed affidavit on behalf of his minor son Ashiq also. The said Ashiq had also sustained some simple injuries in the alleged incident. I am well satisfied that the parties have really settled the whole dispute, and that nobody has any complaint or grievance now.
3. The Hon'ble Supreme Court held in so many decisions that the High Court can quash the prosecution under Section 482 of the Code of Criminal Procedure, if the parties have really settled the whole dispute amicably out of court, and continuance of prosecution will not serve any purpose. The other two accused already stand acquitted. I am definite that the Crl.M.C No.5651 of 2014 3 material witnesses will not in any manner support the prosecution, and the prosecution cannot in any manner improve the case as against the petitioner herein. When there is a genuine and real settlement, the prosecution can be quashed, because continuance of prosecution will be a sheer waste of time.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioner herein in C.P.No.47/2014 before the Judicial First Class Magistrate Court II, Mavelikkara 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