The petitioners herein are the accused nos.1 to 7 in C.C. No.1883 of 2013 of the Judicial First Class Magistrate Court-II, Attingal. Crime in this case was registered under Secs.143, 147, 148, 323, 324 and 326 read with Sec.149 of IPC on the complaint of one Arun Raj, that the petitioners assaulted him as part of a criminal design, and inflicted injuries on his body including fracture of a tooth. The petitioners now seek orders quashing the prosecution under Sec.482 of Cr.P.C. on the ground that they and the defacto complainant have come to terms amicably out of Court. The defacto complainant, Arun Raj, who is the 2nd respondent in this proceeding, has filed affidavit to the effect that he has settled the whole dispute with the accused, and that he has no grievance or complaint now. The honourable Supreme Court has held that in such cases where the parties have come to terms and where continuance of prosecution will not serve any purpose, the High Court Crl. M.C. No.6915 of 2014 2 can quash the prosecution under Sec.482 of Cr.P.C. 2. Here I find a true and genuine settlement between the parties. In such a circumstance, none of the witnesses including the defacto complainant will support the prosecution if the case goes to trial. Practically, continuance of prosecution will be a sheer waste of time.
In the result, the petition is allowed. The prosecution as against the petitioners in C.C. No.1883 of 2013 of the Judicial First Class Magistrate Court-II, Attingal will stand quashed under Sec.482 of Cr.P.C. Accordingly, the petitioners will stand released from prosecution and the bail bonds, if any, executed by them will stand discharged.
Sd/-
P.UBAID JUDGE NS