The petitioners herein are the accused in C.C No.643/2013 of the Judicial First Class Magistrate court, Payyannur. Crime in the said case was registered on the complaint of one Kannan Velichappadan that his own sons assaulted him, and inflicted injuries on his body. Crime was registered under Sections 341, 323, 427, 506(i) and 324 IPC. The defacto complainant Kannan Velichappadan is no more. His legal heir other than the accused is his wife Lakshmi, who is the second respondent in this proceeding. The accused now seek orders under Section 482 Cr.P.C quashing the prosecution on the ground that they and their mother have settled the dispute out of court after the death of the father, and that the mother has no grievance or complaint. 2. The petitioners are the three sons of the defacto complainant, who is no more. It appears that the alleged incident happened in connection with some property dispute within the family. Pending the proceedings, the parties filed Crl.M.A No. 9123/14 to record composition. The offence under Section 324 IPC Crl. M.C No. 5233 of 2014 2 is not compoundable under the law. So the said application can be closed. However orders can be passed under Section 482 Cr.P.C. The wife of the deceased defacto complainant has filed affidavit that she has settled the dispute with her sons, and that she has no grievance or complaint. Affidavit filed by the second respondent as the legal heir of deceased defacto complainant is accepted. I find that the parties have really settled the whole dispute, and that continuance of prosecution will do hardship and injustice to both sides in the present circumstances. Continuance of prosecution will not in fact serve any purpose, other than wasting the precious time of the court.
In the result, this petition is allowed. The prosecution as against the petitioners in CC No.643/2013 of the Judicial First Class Magistrate Court, Payyannur will stand quashed under Section 482 Cr.P.C, and the petitioners will stand released from prosecution. The bail bond, if any, executed by them will stand discharged.
sab P.UBAID, JUDGE