A prosecution involving the offences under Sections 448, 341, 323, 294(b) and 506(1) in C.C No.1928/2012 of the Judicial First Class Magistrate Court II, Ernakulam, is sought to be quashed under Section 482 of the Code of Criminal Procedure, on the ground that the accused and the defacto complainant have come to terms amicably out of court. The petitioners herein are the three accused and the 2nd respondent herein is the defacto complainant. The 2nd respondent has filed affidavit to the the effect that he has settled the whole dispute with the accused, and he has no complaint or grievance now. I am well satisfied that there is a real and genuine settlement between the parties, and that continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court. Composition before the court below is not possible in this case.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.C Crl.M.C No.6020 of 2014 2 No.1928/2012 before the Judicial First Class Magistrate Court-II, Ernakulam will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID JUDGE ab