PRADEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in Crl.M.C No.4744/2019 are the original accused Nos.1 and 4 in Crime No.437/2015 of the Hosdurg Police Station. There are altogether five accused in the crime. The case came up before the Court of Session first as SC 514/2016. The prosecution as against the original accused Nos.2 and 3 was quashed by this court as per the order dated 27.3.2018 in Crl.M.C No.1734/2018. The case against the others was split up and refiled in the trial court. Now the case against the original accused Nos.1 and 4 is pending as SC 508/2017 before the II Additional Sessions Court, Kasaragod and the case against the original 5th accused is pending as SC 163/2018 before the said court. The original 5th accused is the petitioner in Crl.M.C 4751/2019. The petitioners in these two applications seek orders under Section 482 Cr.P.C quashing the prosecution as against them on the ground of amicable settlement of the whole dispute between them and the de facto complainant. Crime in the case was registered under Sections 143 , 147 , 148 , 341 , 294 (b), 324, 308 and 427 read with 149 I.P.C on the complaint of one Subair, who is the 2 nd respondent in these proceedings brought under Section 482 of the Code of Criminal Procedure. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no grievance or complaint now.

(2.) The other person who sustained injuries in the alleged incident is the 3rd respondent in these proceedings. He has also filed affidavit to the effect that he has settled the whole dispute with the accused and he has no grievance or complaint now.

(3.) In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non- compoundable offences, the High Court can quash the prosecution in pending proceedings, if the parties have really settled the whole dispute amicably out of court, and continuance of the prosecution will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement between the parties. This is not a case involving any public interest or public issue. The parties have come to terms amicably on the intervention of persons acceptable to both sides, and I am satisfied that the parties are now on quite cordial terms. In such a situation, continuance of the prosecution will not serve any purpose other than wasting the precious time of the court. No doubt, nobody will support the prosecution in such a situation, if the case goes to trial.