The petitioner herein is the original second accused in C.C No.190/2006 of the Judicial First Class Magistrate Court - II, Palakkad. The other accused faced trial before the learned Magistrate, and obtained judgment of acquittal at two stages, when all the material witnesses turned practically hostile to the prosecution. The injured persons gave some evidence, but the other witnesses did not in any manner support the prosecution. The trial court on appreciation found that the evidence given by the injured persons is in fact unreliable. In such a situation, the learned Magistrate acquitted all the other accused under section 248(1) Cr.P.C. Crime in the said case was registered under sections 143, 147, 148, 324 r/w 149 of IPC on the complaint of one Sivarajan. Now the petitioner seeks orders quashing the prosecution against him on the ground that he and the de facto complainant and the other injured have amicably come to terms, and that the injured persons have no grievance or complaint now. The Annexure B and C judgments of the court below will show that the other accused Crl. M.C No. 6389 of 2014 2 obtained judgment of acquittal in the case, when all the material witnesses including the injured persons turned practically hostile to the prosecution. The injured were examined as PW1, PW2 and PW8. Their evidence was not believed by the trial court, and the other eye witnesses turned fully hostile. In such a situation all the other accused obtained judgment of acquittal. Now the petitioner herein seeks orders not simply on the ground that the others stand acquitted. The main ground is that he and the injured persons have come to terms amicably. The injured persons are the respondents 1 to 3 in this proceeding. They have filed affidavit to the effect that they have settled the dispute with the accused, and that they have no grievance or complaint now. I am well satisfied that there is a real and genuine settlement, and that the prosecution cannot in any manner improve the case against the petitioner herein, if it goes to trial. The case against the petitioner herein is now pending before the Judicial First Class Magistrate Court – II, Palakkad, and it stands transferred to the register of long pending cases as L.P 116/12. No doubt, continuance of prosecution will be a sheer waste of time, in the present circumstances. In the result, this petition is allowed. The prosecution against the petitioner herein in L.P 116/2012 before the Judicial First Class Crl. M.C No. 6389 of 2014 3 Magistrate Court – II, Palakkad will stand quashed under section 482 Cr.P.C. Accordingly, the petitioner will stand released from prosecution.
P.UBAID, JUDGE sab