The petitioners herein are three accused in C.C No.2651/2013 of the Judicial First Class Magistrate Court I, Hosdurg. Crime in the said case was registered under Sections 323 and 324 of the Indian Penal Code, and also under Section 3 (1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After investigation the police submitted final report in court under Sections 323 and 324 r/w 34 of the Indian Penal Code. The defacto complainant Gireesh Kumar, is the 2nd respondent in this proceeding. The petitioners now seek orders quashing the prosecution on the ground that they and the defacto complainant have amicably settled the whole dispute out of court. The 2nd respondent has filed affidavit to the effect that he has settled the whole dispute amicably with the accused, and that he has no complaint or grievance now. I find that there is a real and genuine settlement between the parties and that continuance of prosecution in such a circumstance will not serve any purpose. Orders under Section 482 of the Code of Criminal Crl.M.C No.6243 of 2014 2 Procedure are sought because the offence under Section 324 of the Indian Penal Code is not now compoundable under the law.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.C No.2651/2013 before the Judicial First Class Magistrate Court-I, Hosdurg 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