The petitioners herein are the three accused in C.C.No. 296/12 of the Judicial First Class Magistrate Court, Vadakara. Crime in the said case was registered on the complaint of one Pokker, under Sections 143,147,148,452,457,294(b) and 506(ii) IPC. After investigation, the police submitted final report under Sections 143,147,148,452,427 and 506(ii) IPC. Now, 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, Pokker is the 2nd respondent herein. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and that he has no grievance or complaint now. In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High court can quash the prosecution, if the parties have really settled the whole dispute, and continuance of prosecution will not serve Crl.M.C.. No. 6132/2014 2 any purpose. I find in such a situation, that the defacto complainant and the material witnesses will not in any manner support the prosecution. Continuance of prosecution will not serve any purpose, other than wasting the precious time of the court. In the result, this Crl.M.C. is allowed. The prosecution as against the petitioners in C.C.No. 296/12 of the Judicial First Class Magistrate Court, Vadakara 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 stand discharged.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE