The petitioners herein are the original accused Nos. 2,4 and 5 in C.C.No.185/2009 before the Judicial First Class Magistrate Court-I, Hosdurg. Crime in the said case was registered under Sections 143,147,148,324 r/w 149 IPC, on the complaint of one Prajeesh. The other accused faced trial and obtained a judgment of acquittal under Section 248(1) Cr.P.C., when all the material witnesses including the injured person turned hostile to the prosecution in view of a settlement made amicably out of court. In C.C.No. 185/2009, the prosecution examined four witnesses and marked Exhibits P1 and P2. None of the material witnesses examined by the prosecution supported the prosecution in C.C.No.185/2009. The first informant, Prajeesh died pending the proceedings. The petitioners have produced copy of the death certificate proving death. The other injured, Rajeesh was examined as PW1. He and the eye witnesses cited by the prosecution did not, in any manner, support the prosecution. In Crl.M.C.. No. 3141/2014 2 such circumstances, the learned Magistrate acquitted the others by judgment dated 25.02.2012. The case against these petitioners was split up and re-filed as C.C. No. 228/2012. Now, they seek orders quashing the prosecution on the ground that they have settled the dispute with the injured persons, and that the prosecution cannot, in any manner, improve the case, when nobody will, in fact, support the prosecution, if the case goes to trial. One of the persons, who sustained injuries in the incident is the 1st respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint now. The other person, who sustained injuries is no more. I am definite that continuance of prosecution against the petitioners herein will be a sheer waste of time. In the result, this Crl.M.C. is allowed. Prosecution as against the petitioners in C.C. No. 228/2012 of the Judicial First Class Magistrate Court-I, Hosdurg will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution. The bail bond, if any, executed by the Crl.M.C.. No. 3141/2014 3 petitioners will stand discharged.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE