The petitioners herein are the three accused in C.C No.272/2014 of the Chief Judicial Magistrate Court, Kasaragod. Crime in the said case was registered under Sections 452 and 393 of the Indian Penal Code on the complaint of one Emam Ali, who is a native of Chittur District in Andhra Pradesh. The petitioners now seek orders quashing the prosecution on the ground that they and the defacto complainant have amicably settled the dispute out of court, and the complainant has no grievance or complaint now. It is submitted that even at the crime stage, the defacto complainant appeared before the learned Magistrate having jurisdiction and submitted that he has no grievance or complaint, and in such a circumstance the petitioners were granted bail by the learned Magistrate. The defacto complainant Emam Ali is the first respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and that he has no complaint or grievance now.
2. The learned Public Prosecutor submits on instructions that the petitioners are not involved in any other crime, Crl.M.C No.3509 of 2014 2 involving offences of similar nature like theft, robbery etc.
3. The Hon'ble Supreme Court has 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. Here I find such a case where there is a real settlement. I am definite that the material witnesses will not in any manner support the prosecution, and the prosecution cannot in any manner improve the case as against the petitioners herein. 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.272/2014 before the Chief Judicial 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