The petitioners herein are the five accused in C.C No. 2375/14 of the Judicial First Class Magistrate – I, Kasaragod. Crime in the said case was registered under Sections 143, 147, 448, 323, 506(1) r/w 149 IPC on the complaint of one Saleema, that the petitioners assaulted her and her husband Sajith as part of a criminal design made by them, and inflicted injuries on their body. Now the accused seek orders under Section 482 Cr.P.C, quashing the prosecution on the ground that they and the injured persons have settled the dispute amicably out of court. The said Saleema and her husband are the respondents 3 and 4 in this proceeding. They have filed affidavit that they have settled the whole dispute with the accused, and that they have no grievance or complaint now. The accused seek orders under Section 482 Cr.P.C because the offence under Sections 143,147 IPC are not compoundable under the law. I find that the parties have really settled the whole dispute, and that continuance of prosecution will not serve any purpose. In the circumstance of settlement amicably, continuance of prosecution will also do injustice to the parties.
In the result, this Crl.M.C is allowed. The prosecution against the Crl. M.C No. 5804 of 2014 2 petitioners in C.C. 2375/14 of Judicial First Class Magistrate Court I, Kasaragod will stand quashed, and the petitioners will stand released from prosecution. The bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab