Petitioner herein is the original first accused in Crime No. 40/2012 of Kumbala Police Station, Kasaragod District. Cognizance on the final report submitted by the police in the crime was taken in the Court of learned Chief Judicial First Class Magistrate-I, Kasaragod as C.C. No. 420/2012 under Sections 341, 323 and 294B IPC. Pending the proceedings, the case as against the original 4th accused was quashed by this Court as per the order dated 04.07.2013 in Crl.M.C. No. 2728/2013. The original accused Nos. 2 and 3 faced trial in C.C.No. 420/2012 before the learned Magistrate, and obtained a judgment of acquittal under Section 255(1) Cr.P.C., when the material witnesses including the defacto complainant turned hostile to the prosecution. The case as against the petitioner herein was split up and re-filed as C.C. No. 2657/2014 when he consistently remained absent during the trial process. Now, he has brought Crl.M.C.. No. 5583/2014 2 this petition under Section 482 Cr.P.C. to quash the prosecution, on the ground that he and the defacto complainant have amicably settled the whole dispute, and that no purpose will be served when the other accused stand released from prosecution. 2. The defacto complainant, Santhosh Kumar is the 1st 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 grievance or complaint. It appears that the complaint happened to be preferred on some misapprehension.
In the result, this Crl.M.C. is allowed. Prosecution as against the petitioner in C.C. No. 2657/2014 of the Judicial First Class Magistrate Court-I, Kasaragod will stand quashed under Section 482 Cr.P.C., and he will stand released from prosecution. The bail bond, if any executed by the petitioner will stand discharged.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE