The petitioners herein are the original accused Nos.2 and 6 in Crime No.377 of 2010 of Kondotty Police Station. The other accused in the crime faced trial before the Judicial First Class Magistrate Court, Malappuram in C.C No.1484 of 2010, and obtained a judgment of acquittal, when the material witnesses turned hostile to the prosecution, in view of the amicable settlement made by the parties. The case against these petitioners was split up and re-filed as C.C No.1116 of 2014, when they remained consistently absent. Now they have brought this petition under Section 482 of the Code of Criminal Procedure to have the prosecution quashed on the ground that they and the de facto complainant have settled the dispute amicably. Crime in the case was registered on the complaint of one Abdul Naser. The said Abdul Naser and two others sustained injuries in the alleged incident. The offences involved are under sections 143, 147, 148, 341, 323 and Crl.M.C No.5709 of 2014 2 427 of Indian Penal Code. The persons who sustained injuries in the incident, including the first informant are the respondents 1 to 3 in this proceeding. They have filed affidavit to the effect that they have settled the case amicably with the accused, and that they have no grievance or complaint. The main offences are in fact compoundable, but the petitioners seek orders under Section 482 of the Code of Criminal Procedure because the offences under Sections 143, 147 and 148 are not compoundable under the law. I am well satisfied that the parties have really settled the dispute, and that continuance of prosecution will not serve any purpose, other than wasting the time of the trial court. In the result, this petition is allowed. The prosecution against the petitioners in C.C No.1116 of 2014 of the Judicial First Class Magistrate's Court, Malappuram will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge