The petitioners herein are the 9 accused in C.C No.43/2013 of the Judicial First Class Magistrate Court – I, Kasaragod. Crime in the said case happened to be registered, in connection with an open fight in campus between two student fractions. The defacto complainant who sustained injuries in the alleged incident and who made complaint is one Appoos. He is the third respondent in this proceeding. The other students who sustained injuries are the respondents 4 and 5 in this proceeding. The accused now seek orders under Section 482 Cr.P.C quashing the prosecution on the ground that the whole dispute stands amicably settled, and continuance of prosecution will not serve any purpose. The defacto complainant and the other injured persons have filed affidavit to the effect that they have settled the dispute with the accused, and that they have no grievance or complaint now. Crime was registered under Section 143, 147, 148, 323 and 324 IPC. Now it is submitted that all the students involved in the crime have completed their studies and left the campus. It is also submitted that the counter Crl. M.C No. 4054 of 2014 2 case in crime No.303/2012 of the same police station registered, on the complaint of one of the petitioners herein already stands quashed by this court as per the order dated 14.7.2014 in Crl. M.C 3684/2014. In view of an amicable settlement made out of court I find that the prosecution can be quashed, because none of the material witnesses will support the prosecution, if the case goes to trial. No doubt, continuance of prosecution will be a sheer waste of time. Hence the petition is allowed. The prosecution against the petitioners in C.C No.43/2013 of the Judicial First Class Magistrate Court, 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.
P.UBAID, JUDGE sab