The petitioners herein are the accused in crime No. 454 of 2013 of the Vazhakkad Police Station, registered under Section 341, 323 and 324 IPC. Crime in the said case was registered on the complaint of one Muhammedkutty that these petitioners assaulted him and his friends, and inflicted injuries on their body. Cognizance on the final report submitted by the police was taken as C.C 119/2014 in the court of Judicial First Class Magistrate – II (Forest offences), Manjeri. The petitioners 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, and that continaunce of prosecution will not serve any purpose. The first informant Muhammedkutty and the other persons who sustained injuries in the alleged incident are the respondent 2 to 5 in this proceeding. They have filed affidavit to the effect that they have settled the whole dispute with the accused, and that they have no complaint or grievance now. Order under section 482 Cr.P.C is sought, because the offence under Section 324 IPC is not now compoundable after the amendement to the code of Criminal Procedure. The Hon'ble Supreme Court has held in so many decisions that even in cases Crl. M.C No. 6014 of 2014 2 involving non compoundable offences, the High Court can quash proseuciton, if the parties have really settled the whole dispute, and continuance of proseuction will not serve any purpose. I am well satisfied that the parties have really settled the whole dispute, and continuance of prosecution in such a circumstance will not serve any purpose, other than wasting the precious time of the trial court. In the result, this Crl.M.C is allowed. The prosecution as against the petitioners in C.C No.119/2014 of the Judicial First Class Magistrate Court – II (Forest offences), Manjeri will stand quashed under Section 482 Cr.P.C, and the pettioners will stand released from prosecution. The bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab