The petitioners herein are the two accused in C.C No.2629 of 2013 of the Judicial First Class Magistrate Court- I, Hosdurg. Crime in the said case was registered under Sections 341, 323 and 324 of Indian Penal Code and also under Section 3 (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') on the complaint of of one Aneesh. During investigation, the Police found that there is no scope for prosecution under Section 3 (1) of the Act. Accordingly, the final report was submitted in Court under Sections 341, 323 and 324 of Indian Penal Code. Now the accused seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they and the de facto complainant have amicably settled the dispute out of court, and that the complainant has no grievance or complaint now. The de facto complainant who sustained injuries in the alleged incident, is the first respondent in this Crl.M.C No.5884 of 2014 2 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. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non- compoundable offences, the High Court can act under Section 482 of the Code of Criminal Procedure and quash the prosecution , if the parties have really settled the dispute. I am well satisfied that the parties in this case have really settled the dispute, and that continuance of prosecution will not serve any purpose in such a situation, other than wasting the precious time of the court. In the result, this petition is allowed. The prosecution against the petitioners in C.C. 2629 of 2013 of the Judicial First Class Magistrate's Court– I, Hosdurg 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 them will stand discharged.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge