Two criminal cases, registered as case and counter in the Kalikavu Police Station of Malappuram District, are sought to be quashed under Section 482 Cr.P.C., on the ground of amicable settlement out of court between the parties. Crime No. 41/2014 was registered under Sections 323, 324, 294(b) IPC read with Section 34 IPC, on the complaint of one Firoz. The petitioners in Crl.M.C.No.7148/2014 are the accused in the said crime. The complainant, Firoz is the 1st respondent in the said proceeding. He is also the accused in Crime No.42/2014 registered as a counter case under Sections 447, 323 and 294 (b) IPC, on the complaint of one Mohamed Ashraf, who is one of the accused in Crime No. 41/2014. Mohamed Ashraf is the 1st respondent in Crl.M.C.No.7144/2014 brought by the accused in Crime No. 42/2014. The parties now seek orders quashing the prosecution, on the ground that they have come to terms amicably out of court on the intervention of persons acceptable to both sides. The defacto complainant Firoz in Crime No. 41/2014 and the Crl.M.C. Nos. 7144 & 7148 of 2014 2 defacto complainant Mohamed Ashraf in Crime No. 42/2014 have filed affidavit to the effect that they have settled the whole dispute, and they have no grievance or complaint now. I am well satisfied that there is a real settlement between the parties, and continuance of prosecution in such a situation will not serve any purpose. It will in fact cause harm and hardship to both sides, when the whole dispute stands resolved forever. Crime No.41/2014 is now pending as C.C.No.774/2014 before the Judicial First Class Magistrate Court-I, Manjeri, and Crime No.42/2014 is pending as C.C.No. 775/2014 before the same court. In the result, the two Crl.M.C.s are allowed. The prosecution against the petitioners in Cr.M.C.No.7144/2014 in C.C.No.775/2014 of the Judicial First Class Magistrate Court-I, Manjeri, and also prosecution against the petitioners in Cr.M.C.No.7148/2014 in C.C.No.774/2014 of the same court, 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 petitioner will stand discharged.
Sd/-
P. UBAID, JUDGE sd