The petitioners herein are the three accused in C.C No.1161/2011 before the Judicial First Class Magistrate Court, Kayamkulam. Crime in the said case was registered under Sections 323, 324 and 341 r/w 34 of the Indian Penal Code, on the complaint of one Bhargavan that these petitioners assaulted him and one Sugu, and inflicted injuries on their body with weapon. The petitioners now seek orders quashing the prosecution on the ground that they and the injured persons have settled the dispute amicably out of court. The defacto complainant Bhargavan and the other injured Sugu are respondents 2 and 3 in this proceeding. They have filed affidavit to the effect that they have amicably settled the whole dispute out of court, and that they have no complaint or grievance now.
2. It is submitted that a counter case also stands settled, and that petition is pending to quash the said proceeding Crl.M.C No.6403 of 2014 2 also. I am well satisfied that the parties have really settled the whole dispute amicably out of court, and continuance of proceedings will cause harm and hardship to both sides. Orders under Section 482 of the Code of Criminal Procedure are sought because composition as such is not possible under the law.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.C No.1161/2011 before the Judicial First Class Magistrate Court, Kayamkulam 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