Two crimes, as case and counter, happened to be registered in the Nenmara Police Station in connection with an incident of assault and fight involving two student factions in the campus of the N.S.S. College, Nenmara. Crime No.718/2012 was registered under sections 323, 324 and 341 IPC read with section 34 IPC on the complaint of one Pretheesh, who sustained injuries on one side. The accused in the said crime are the petitioners in Crl.M.C.No. 6642/2014. On the complaint of one Sumesh who sustained injuries on the other side, Crime No.720/2012 was registered under sections 323, 324 and 341 IPC read with section 34 IPC. One Sunilkumar had also sustained injuries along with Sumesh. They are the respondents 1 and 2 in Crl.M.C.No.6651/2014. The petitioners therein are the accused in the said crime. The injured Pretheesh is the first respondent in Crl.M.C.No.6642/2014. Now the accused on both sides have come before this Court under section 482 of the Cr.P.C. with a prayer to quash the prosecution on the ground that the parties have come to terms amicably. The injured
Crl.M.C.Nos.6642 & 6651 of 2014
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persons arraigned as respondents in the proceeding have filed affidavit to the effect that they have settled the whole dispute, and that they have no complaint or grievance.
2. I am well satisfied that there is a true and genuine settlement between the parties, and that they are now on quite cordial terms within campus and beyond campus. In such a situation, continuance of prosecution will not serve any purpose, and it will cause harm and hardship to both sides. Applying the guidelines made by the Honourable Supreme court, the two prosecutions can be quashed.
In the result, both the petitions are allowed. The prosecution against the petitioners in Crl.M.C.No.6642/2014 in C.C.No. 2991/2012 of the Judicial First Class Magistrate Court, Alathur, and also the prosecution against the petitioners in Crl.M.C.No.6651/2014 in C.C.No.3782/2012 of the same court, will stand quashed under section 482 of the Cr.P.C. Accordingly the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
Sd/-
P. UBAID, JUDGE
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