The petitioner herein is the third accused in C.C No. 138/2012 of the Judicial First Class Magistrate Court I, Payyannur. Crime in the said case was registered under Sections 143, 147, 148, 341, 323, 324, 506 (ii) r/w 149 of IPC on the complaint of one Sudeep James that the petitioner herein and the other accused assaulted him and his friends Sanoop, Vinu Thomas and Sarath Mohan, and inflicted injuries on their body with weapons. On the final report submitted by the police the learned Magistrate took cognizance under Sections 143, 147, 148, 341, 323, 324 and 506(ii) IPC, and issued process. Trial in C.C No. 138/2012 is midway. The prosecution has already examined 3 of the 4 material witnesses who sustained injuries in the alleged incident. The petitioner now seeks orders under Section 482 Cr.P.C, quashing the prosecution against him, on the ground that he and the injured persons have come to terms amicably out of court, and that they have no grievance or complaint now. As required by the court the learned Magistrate submitted report that the first informant has not so far turned up Crl. M.C No. 5909 of 2014 2 for examination in spite of coercive steps, and that the other three injured persons examined as PW1 to PW3 have not in any manner supported the prosecution. All the four injured have filed affidavit that they have settled the dispute amicably with the accused, and that they have no grievance or complaint. The third accused now seeks orders from this court on the ground that if the prosecution against him is not quashed at the earliest he will lose employment opportunity. The other accused probably did not come under Section 482 Cr.P.C, because they are confident that they will get acquittal from the trail court in the circumstances of a settlement out of court. I am fully satisfied that there is a real settlement between the parties, and continuance of proceeding will not serve any purpose. The other 3 witnesses who sustained injuries in the alleged incident have not supported the prosecution, and the first informant also will not support the prosecution, if the case goes to trial. Anyway, as regards the petitioner herein there is an amicable settlement out of court. I find that continuance of proceeding against him will be a sheer waste of time. I am inclined to quash the prosecution as against him, by applying the guidelines made by the Hon'ble Supreme Court. In the result, this petition is allowed. The prosecution as Crl. M.C No. 5909 of 2014 3 against the petitioner herein in C.C No. 138/2012 as the third accused therein, will stand quashed under Section 482 Cr.P.C. Accordingly he will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
C.C No. 138/2012 will proceed in the trial court, as against the other accused.
P.UBAID, JUDGE sab