The petitioner herein are the 13 accused in C.C.No.633/2014 of the Judicial First Class Magistrate Court, Kolenchery. Pending the proceeding the third accused died. Crime in the said case was registered under Sections 143, 147, 148, 286, 294(b) and 506(1) r/w Section 34 of the Indian Penal Code, on the complaint of one Biju. Now they seek orders quashing the prosecution on the ground that they and the defacto complainant have come to terms amicably out of court. The defacto complainant Biju is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and that he has no complaint or grievance now. I am well satisfied that there is a real settlement on the intervention of persons acceptable to both sides, and that continuance of prosecution will not serve any purpose, other than wasting the precious time of the court.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioner herein in C.C Crl.M.C No.6712 of 2014 2 No.633/2014 before the Judicial First Class Magistrate Court, Kolenchery will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by the petitioner will stand discharged.
P.UBAID JUDGE ab