The petitioners herein are the four accused in C.C 2943/2009 of the Judicial First Class Magistrate Court- II, Kollam. Crime in the said case was registered under Sections 323, 324, 447 and 294 (b) IPC on the complaint of one Anil Kumar. The accused seek orders under Section 482 Cr.P.C quashing the prosecution on the ground that they have amicably settled the dispute with the complainant, and that continuance of prosecution will not serve any purpose. The defacto complainant Anil Kumar is the second respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint now. 2. The learned counsel for the petitioner now submits that only the third petitioner herein seeks orders, because the other petitioners already stand acquitted by the trial court. There is also an application as Crl.MA No.9385/14 to delete the name of the petitioners 1, 2 and 4 from proceedings. The said petition is allowed, and the name of the petitioners 1, 2 and 4 will stand Crl. M.C No. 5143 of 2014 2 deleted. Now orders are sought only by the third petitioner. I am well satisfied that the parties have really settled the whole dispute, and continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court.
In the result, this petition is allowed. The prosecution as against the third petitioner herein in C.C 2943/2009 of Judicial First Class Magistrate Court – II, Kollam will stand quashed under Section 482 Cr.P.C, and the said petitioner will stand released from such prosecution. The bail bond, if any, executed by him will stand discharged.
P.UBAID, JUDGE sab