The petitioner herein is the original third accused in Crime No.127 of 2010 of Marad Police Station in Kozhikode District, registered under Sections 341, 323 and 324 of Indian Penal Code. Accused Nos.1 and 2 in the crime faced trial in the trial court in C.C No.431 of 2011 and obtained a judgment of acquittal when all the material witnesses turned hostile in view of a settlement made out of court. The case against the petitioiner herein was split up and refiled as C.C. 18 of 2012. Now the case stands transferred to the Long Pending Register as L.P.11 of 2014. The 3rd accused now seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that he and the de facto complainant have come to terms amicably, and continuance of prosecution will not serve any purpose. The de facto complainant, who sustained injuries in the alleged incident, is the 2nd respondent herein. He has filed affidavit to the effect that he has settled the whole Crl.M.C No.6210 of 2014 2 dispute with the accused, and that he has no grievance or complaint. I am well satisfied that there is a real settlement between the parties. No doubt, the prosecution cannot in any manner improve the case when it goes to trial. Continuance of proceedings will be a sheer waste of time. In the result, this petition is allowed. The prosecution against the petitioner in C.C 18 of 2012 of the Judicial First Class Magistrate Court-VI, Kozhikode (now L.P. 11 of 2014) will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge