The petitioners herein are the five accused in C.C No.226 of 2011 of the Chief Judicial Magistrate's Court, Thiruvananthapuram. Crime in the said case was registered on the complaint of one Abhilash alleging that the petitioners herein attacked and assaulted him, and inflicted simple injuries on his body with weapon. The de facto complainant Abhilash is the 2nd respondent in this proceeding. The accused have brought this petition under Section 482 of Cr.P.C to quash the prosecution on the ground that they and the injured have settled the whole dispute amicably, and that continuance of prosecution will not serve any purpose. The 2nd respondent has filed affidavit to the effect that he has settled the dispute with the accused amicably and that he has no complaint or grievance. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non- compoundable offences, the High Court can act under Crl.M.C No.5562 of 2014 2 Section 482 Cr.P.C and quash the prosecution , if the parties have really settled the dispute. I am well satisfied that the parties in this case have really settled the dispute, and that continuance of prosecution will not serve any purpose in such a situation, other than wasting the precious time of the court.
In the result, this petition is allowed. The prosecution against the petitioners in C.C. 226 of 2011 of the Chief Judicial Magistrate's Court, Thiruvananthapuram will stand quashed under Section 482 of Cr.P.C, and the petitioners will stand released from prosecution. The bail bond, if any, executed by them will stand discharged.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge