The petitioners herein are the accused Nos.2 to 7 in Crime No.184/2012 of the Perumbavoor Police Station. The case is now pending before the Judicial First Class Magistrate Court-I, Perumbavoor as C.C.No.285/2012. Crime in the said case was registered on the complaint of one Vijeesh Vijayan. The alleged incident of assault, abduction, intimidation etc. attracting Sections 120(b), 365, 342, 323, 427 and 506(1) IPC happened in connection with some matrimonial dispute between the defacto complainant herein and the first accused. The case as against the first accused stands quashed by this Court under Section 482 of the Code of Criminal Procedure as per the common order dated 12/4/2013 in Crl.M.C No.1286/2013 and Crl.M.C No.1413/2013. The case brought by the wife against the husband also stands quashed. These petitioners are said to be the men of the wife involved as co-accused in the alleged incident of abduction. They have brought this Criminal Miscellaneous Case under Section 482 of the Code of Criminal Crl.M.C No.4608 of 2014 2 Procedure to quash the prosecution on the ground that the case against them also stands amicably settled, and continuance of prosecution will not serve any purpose. The defacto complainant Vijeesh Vijayan is the 1st respondent herein. He has filed affidavit to the effect that he has settled the case against the petitioners also amicably, and that he has no grievance or complaint. I am well satisfied that the parties have really settled the whole dispute and that continuance of prosecution as against these petitioners will not serve any purpose other than wasting the precious time of the court when the case against the main accused stands quashed. In so many decisions the Hon'ble Supreme Court has held that even in cases involving non- compoundable offences, prosecution can be quashed under Section 482 of the Code of Criminal Procedure, if the dispute is purely personal in nature and if the parties have really settled the whole dispute amicably. I find in this case that continuance of prosecution against the petitioners herein will be a sheer waste of time.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioners herein in C.C No.285/2012 before the Judicial First Class Magistrate Crl.M.C No.4608 of 2014 3 Court-I, Perumbavoor 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.
P.UBAID JUDGE ab