The petitioners herein are the six accused in C.C No.329/2007 before the Judicial First Class Magistrate Court III, Neyyattinkara. Crime in the said case was registered under Sections 143, 147, 148, 149, 447, 452, 426, 427 and 506(ii) r/w 149 of the Indian Penal Code, on the complaint of one Vijayaraj. 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 Vijayaraj 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 there is a real and genuine settlement between the parties, and I find that continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.C Crl.M.C No.7226 of 2014 2 No.329/2007 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