The petitioners herein are accused Nos.1 to 3 in C.C. No.791/2010 before the Judicial First Class Magistrate Court III, Kozhikode. Crime in the said case was registered on the complaint of one Naseera, alleging matrimonial cruelty. The offences are punishable under Sections 406, 498A and 323 of the Indian Penal Code. The accused now seeks orders under Sections 482 of the Code of Criminal Procedure on the ground that they and the complainant have settled the whole dispute amicably out of court, and that continuance of prosecution will not serve any purpose. The defacto complainant is the 1st respondent in this proceeding. She has filed affidavit to the effect that she has settled the whole matrimonial dispute with the husband and the in-laws, and that she has no complaint or grievance now. I am well satisfied that they have really settled the whole dispute amicably on the intervention of some acceptable persons, and that continuance of prosecution in such Crl.M.C No.4177 of 2013 2 a circumstance will not serve any purpose other than wasting the precious time of the Court.
2. 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 proceedings if the parties have really settled the whole dispute amicably, and continuance of prosecution will not serve any purpose.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioners herein in C.C No.791/2010 before the Judicial First Class Magistrate Court III, Kozhikode 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 the petitioners will stand discharged.
P.UBAID JUDGE ab