N.A. Abdul Khader Haji vs The State of Kerala

P. Ubaid, J.—Two crimes, as case and counter, happened to be registered in the Bedakam Police Station of Kasaragod District in connection with an incident of assault and open fight involving two groups of persons. Crime No. 140/2014 was registered under Sections 143, 147, 148, 324, 308 r/w section 149 IPC on the complaint of one Abul Khader Haji, that the petitioners in Crl. M.C. 6387/14 assaulted him and three others, and inflicted injuries on their body with weapons. As a counter case crime No. 141/2014 was also registered under Sections 143, 147, 148, 323, 326 r/w section 149 IPC on the complaint of one Hameed, that the petitioners in Crl. M.C. 6385/14 assaulted him and one Noushad, and inflicted simple and grievous injuries on their body with weapons. Now both the prosecutions are sought to be quashed on the ground that the parties have come to terms amicably out of court on the intervention of persons acceptable to both sides, and that the injured persons have no grievance or complaint now. The case against the petitioners in Crl. M.C. No. 6387/14 (Crime No. 140/2014) is now pending as C.P. No. 312/2014 before the learned Judicial First Class Magistrate - I, Kasaragod. The case against the petitioners in Crl. M.C. No. 6385/2014 (Crime No. 141/2014) is now pending as C.C. 2980/14 before the learned Judicial First Class Magistrate - I, Kasaragod. The persons injured on either side filed affidavit to the effect they have settled the whole dispute with the accused, and that they have no grievance or complaint. In cases like Gian Singh Vs. State of Punjab and Another, and Narinder Singh and Others Vs. State of Punjab and Another, , the Hon''ble Supreme Court has made some guidelines for exercise of jurisdiction under section 482 Cr.P.C. The Hon''ble Supreme Court has held that even in cases involving non compoundable offences, the High Court can quash prosecution, if the parties have really come to terms, and continuance of prosecution will not serve any purpose. Here I find such a situation of real and genuine settlement between the parties. It is definite that, if the case goes to trial, nobody will support the prosecution. In the circumstance of an amicable settlement, none of the material witnesses including the injured persons will in any manner support the prosecution. In such a situation, the prosecution can be closed, because continuance of proceedings further will not serve any purpose, other than wasting the precious time of the court.

In the result, both the petitions are allowed. The prosecution against the petitioners in Crl. M.C. 6385/14 in C.C. 2980/2014 of the Judicial First Class Magistrate Court - Kasaragod, and also the prosecution against the petitioners in Crl. M.C. 6387/2014 in C.P. No. 312/2014 of the Judicial First Class Magistrate - I, Kasaragod will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.