The petitioners herein are the three accused in C.C No.1342/2012 of the Judicial First Class Magistrate Court, Kasaragod. Crime in the said case was registered under Sections 143, 147, 148, 341, 324 r/w Section 149 of the Indian Penal Code, on the complaint of one Mashood. The petitioners now seek orders under Section 482 of the Code of Criminal Procedure, quashing the prosecution on the ground that they and the complainant have come to terms amicably out of court and that the complainant has no grievance or complaint now. The defacto complainant Mashood is the 1st respondent in this proceeding. He has filed affidavit to the effect that he has amicably settled the whole dispute out of court, and that he has no complaint or grievance now. I am satisfied that there is a real settlement, and I am definite that the defacto complainant and others will not in any manner support the prosecution, if the case against the petitioners goes to trial.
Crl.M.C No.3442 of 2014 2 2. The Hon'ble Supreme Court held in so many decisions that the High Court can quash the prosecution under Section 482 of the Code of Criminal Procedure, if the parties have really settled the whole dispute amicably out of court, and continuance of prosecution will not serve any purpose. When there is a genuine and real settlement, the prosecution can be quashed, because continuance of prosecution will be a sheer waste of time.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioners herein in C.C.No.1342/2012 before the Judicial First Class Magistrate Court, Kasaragod will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
P.UBAID JUDGE ab