The petitioner in Crl.M.C No.3332 of 2014 is the sole accused in C.C No.1285 of 2013 of the Judicial First Class Magistrate Court-II, Kollam. Crime in the said case was registered on the complaint of one Nahas, alleging offences under Sections 294 (b), 323, 324, 341, 352, 435 and 447 of the Indian Penal Code. After investigation, the police submitted final report in court only under Sections 447, 294 (b) and 427 of Indian Penal Code. The petitioner in Crl.M.C No.3332 of 2014 is the de facto complainant in C.C No.140 of 2010 of the Chief Judicial Magistrate's Court, Kollam. Trial in the case is midway. The petitioner in Crl.M.C No.3332 of 2014 is the uncle of the de facto complainant therein, Nahas. The accused in C.C No. 140 of 2010 are the friends of the said Nahas. Thus, though not case and counter, the two cases have some connection. Now both the criminal proceedings are sought to be quashed on the ground that the parties have come to terms Crl.M.C Nos.3326 and 3332 of 2014 2
and settled the whole dispute touching the two cases. The de facto complainant in both the cases is the 2nd respondent in the proceedings. In both the cases, the de facto complainant has filed affidavit to the effect that the whole dispute stands well settled out of court, and that he has no grievance or complaint. Composition is possible in C.C No.140 of 2010, but C.C No.1285 of 2013 involves non- compoundable offence also. That is why the parties have approached this Court for orders under Section 482 of the Code of Criminal Procedure.
2. On hearing both sides, I find that the parties have really settled the whole dispute, and that continuance of the prosecution will be a sheer waste of time. It may even do injustice to the parties, who have resolved all the disputes touching the two cases. As already observed, there is something common in the two cases, though the two are not really case and counter. That is why the two cases are being considered together. The Hon'ble Supreme Court has held in so many decisions that even in cases involving non- compoundable offences, the High Court can quash the Crl.M.C Nos.3326 and 3332 of 2014
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prosecution under Section 482 of the Code of Criminal Procedure, if the parties have really settled the whole dispute.
In the result, these petitions are allowed. The prosecution in C.C No.1285 of 2013 of the Judicial First Class Magistrate Court-II, Kollam, and in C .C No.140 of 2010 of the Chief Judicial Magistrate's Court, Kollam will stand quashed under Section 482 of the Code of Criminal Procedure, and all the accused therein will stand released from prosecution. The bail bond, if any, executed by the accused will stand discharged.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge