The petitioner herein is the sole accused in S.C No.512/2014 of the Court of Session, Manjeri. The offences involved are under Sections 341 and 323 of the Indian Penal Code. The case happened to be committed to the Court of Session as Special Court only because the victim of offence Shibily @ Kurikkal Shibily was a juvenile on the date of the alleged incident. Now he is aged 20 years. The petitioner seeks orders under Section 482 of the Code of Criminal Procedure on the ground that he and the defacto complainant have come to terms amicably out of court, and the complainant has no grievance or complaint now. The defacto complainant Shibily is the 2nd respondent herein. The other person who sustained injuries in the alleged incident, one Ishaque, is the 3rd respondent in this proceeding. He was of course not a juvenile on the date of alleged incident. The respondents 2 and 3 have filed affidavit to the effect that they have settled the whole dispute with the accused, and that they have no complaint or Crl.M.C No.7081 of 2014 2 grievance now. I am well satisfied that there is a real and genuine settlement between the parties, and I find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court. Though the defacto complainant was a juvenile at the time of the incident he is now aged 20 years, and he is capable to take decisions of his own. He has settled the dispute with the accused, and he has no grievance or complaint now.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioner herein in S.C No.512/2014 before the Session Court, Manjeri (Special Court) will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
P.UBAID JUDGE ab