The petitioners herein are the five accused in C.C No.1818/2013 of the Judicial First Class Magistrate Court III, Neyyattinkara. Crime in the said case was registered under Sections 120(B), 294(b), 506(ii), 342, 452 and 427 r/w 34 of the Indian Penal Code, and under Section 116E of the Kerala Police Act, on the complaint of one Sunil. The petitioners now seek orders quashing the prosecution as against them on the ground that they and the defacto complainant have amicably settled the dispute out of court. The defacto complainant Sunil is the second respondent in this proceeding. He has filed affidavit to 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 the parties have really settled the whole dispute on the intervention of other members in the family, and they are now on quite cordial terms. In such a situation continuance of prosecution will cause harm and hardship to both sides, and it may create problems in the family. Continuance of prosecution Crl.M.C No.7232 of 2014 2 in such a situation will not serve any purpose, other than wasting the precious time of the court, because the complainant and the material witnesses will not in any manner support the prosecution, if the case against the petitioners goes to trial.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.C No.1818/2013 before the Judicial First Class Magistrate Court III, Neyyattinkara 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