The petitioner in Crl.M.C No.6791/2014 is the first accused in C.C No.1212/2013 of the Judicial First Class Magistrate Court, Kunnamangalam, and the petitioner in Crl.M.C 794/2014 is the second accused in that case. Crime in the said case was registered under Section 420 IPC on the complaint of one Dr. Meera. After investigation the police submitted final report in court under Sections 403 and 420 IPC. The accused now seek orders under Section 482 Cr.P.C, quashing the prosecution on the ground that they and the complainant have come to terms amicably out of court. The de facto complainant Dr. Meera is the third respondent in Crl.M.C 6791/2014. She is the additional third respondent in Crl. M.C 794/2014 also. She has filed affidavit to the effect that she has settled the whole dispute with the accused amicably, and she has no grievance or complaint now. On a perusal of the proceeding I Crl. M.C No. 794 of 2014&Crl. M.C No. 6791 of 2014 2 find that the dispute is really personal in nature, and it does not involve any public interest or public issue. I am well satisfied that the parties have really settled the whole dispute, and resolved the dispute forever. In such a situation continuance of prosecution will not serve any purpose, other than wasting the precious time of the court. No doubt, the material witnesses will not in any manner support the prosecution, if the case goes to trial. In such a factual situation, the guidelines made by the Hon'ble Supreme Court can be applied, and the prosecution can be quashed.
In the result, these two petitions are allowed. The prosecution against the petitioners in C.C No.1212/13 of the Judicial First Class Magistrate Court, Kunnamangalam will stand quashed under Section 482 Cr.P.C. Accordingly, they will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab