The petitioners herein are the original accused Nos.1 and 3 in C.C.No.419/2012 Judicial First Class Magistrate Court-II, Hosdurg. Crime in the said case was registered under Sections 447, 427, 153 read with Section 34 IPC, on the complaint of one Abdul Salam. The accused Nos.1 and 4 faced trial before the learned Magistrate and obtained a judgment of acquittal on 01.03.2014, when all the material witnesses turned hostile to the prosecution. The case against the petitioners herein was split up and refiled. It is now pending as C.C.No.281/2014 in the court below. Petitioners now seek orders quashing the prosecution, on the ground that continuance of prosecution as against them will not serve any purpose. Annexure-3 judgment in C.C.No.419/2012 shows that the prosecution examined three witnesses in the said case including the first informant, Abdul Salam, and marked Ext.P1 First Information Statement. None of the witnesses supported the prosecution during trial. Crl.M.C.. No. 7031/2014 2 The judgment shows that the witnesses turned hostile in view of a settlement arrived at by the parties out of court. I find that continuance of prosecution as against the petitioners herein, in such a situation, will be a sheer waste of time. The prosecution cannot, in any manner, improve the case against the petitioners. The material witnesses also cannot support the prosecution, once they turned hostile in view of a compromise.
In the result, this Crl.M.C. is allowed. The prosecution against the petitioners in C.C.No. 281/2014 before the Judicial First Class Magistrate Court-II, Hosdurg will stand quashed under Section 482. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by the petitioners will stand discharged.
Sd/-
P. UBAID, JUDGE sd