The petitioners herein are the six accused in C.C. No. 680/2010 of the Judicial First Class Magistrate Court-I, Varkala. Crime in the said case was registered on the complaint of one Shibu. The offences involved are under Sections 143, 147, 148, 149, 294(b), 323 and 324 IPC. The accused seek orders under Section 482 Cr.P.C. quashing the prosecution on the ground that they and the defacto complainant have amicably settled the whole dispute out of court. The defacto complainant, Shibu who sustained injuries in the alleged incident is the 2nd respondent herein. He has filed affidavit to the effect that he has settled the whole dispute, and that he has no grievance or complaint. In so may decisions, the Honourable Supreme Court has held that in cases involving non-compoundable offences, the High Court can act under Section 482 Cr.P.C. to quash the prosecution, if the parties have really settled the whole dispute. I find that the parties have really settled the whole dispute, and that Crl.M.C.. No. 5866/2014 2 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 Crl.M.C. is allowed. Prosecution as against the petitioners in C.C. No. 680/2010 of the Judicial First Class Magistrate Court-I, Varkala, will stand quashed under Section 482 Cr.P.C., and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will sand discharged.
SD/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE