Two crimes, as case and counter, happened to be registered in the Pandikkad Police Station of Malappuram District in connection with an incident of assault, involving persons in two groups. Crime No.409/2013 was registered under Sections 143, 147, 341, 323 and 294(b) of the Indian Penal Code on the complaint of one Mohammed Rafi, who had sustained injuries in the incident. On the complaint of one Jasir, who had also sustained injuries in the incident on the other side, crime No.411/2013 was registered under Sections 143, 147, 148, 341 323 and 324 of the Indian Penal Code. After investigation the police submitted final report in both the crimes. The case in Crime No.409/2013 is now pending before two courts. One is C.C.No.1/2014 before the Juvenile Justice Board, Thavanoor as against the juvenile accused, and the other is C.C No.866A/2014 before the Judicial First Class Magistrate Court-II, Perinthalmanna as against petitioners in Crl.M.C No.6123/2014. The petitioners in Crl.M.C No.6123/2014 are the two accused in Crl.M.C Nos.6123 & 6124 of 2014 2 the said case. The case in Crime No.411/2014 is now pending in the Sessions Court, Manjeri as S.C No.565/2014. Now the parties on both sides have come to terms amicably out of court and accordingly, they seek orders under Section 482 of the Code of Criminal Procedure quashing the two prosecutions. The person who sustained injuries on either side is the 2nd respondent in these two proceedings. They have filed affidavit to the effect that they have settled the whole dispute amicably, and that they have no grievance or complaint now.
2. In so many decisions the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High court can quash prosecution under Section 482 of the Code of Criminal Procedure, if the parties have really settled the whole dispute amicably, and continuance of prosecution will not serve any purpose. Here, I find such a situation that continuance of the prosecution in these two proceedings will not serve any purpose other than wasting the precious time of the Court, when the parties have really settled the whole dispute, and nobody will on either side in any manner support the prosecution, if the two cases go to trial. Accordingly, I find that these two prosecutions can be quashed. Continuance Crl.M.C Nos.6123 & 6124 of 2014 3 of prosecution will definitely cause harm and hardship to both sides.
In the result, these Criminal Miscellaneous Cases are allowed. The prosecution in S.C No.565/2013 before the Session Court, Manjeri as against the petitioners in Crl.M.C No.6124/2014, and also the prosecution in C.C.No.1/2014 before the Juvenile Justice Board, Thavanoor and C.C.No.866A/2014 before the Judicial First Class Magistrate Court-II, Perinthalmanna as against petitioners in Crl.M.C No.6123/2014 will stand quashed under Section 482 of the Code of Criminal Procedure. The respective accused in these two cases will stand released from prosecution, and the bail bond, if any, executed by the accused will stand discharged.
P.UBAID JUDGE ab