The petitioners herein are the accused in C.C No.110/2011 of the Judicial First Class Magistrate Court, Tirur. Crime in the said case was registered under Sections 323 and 324 of the Indian Penal Code on the complaint of one Rashid. He is the 2nd respondent in this proceeding. The petitioners seek order under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they and the defacto complainant have settled the whole dispute amicably out of court. The second respondent has filed affidavit to the effect that he has settled the dispute, and that he has no grievance or complaint now. I am well satisfied that the parties have really settled the whole dispute, and that continuance of prosecution in such a circumstances will not serve any purpose other than wasting the precious time of the court. The petitioners have approached this Court because the offence under Section 324 IPC is not now compoundable under the law.
2. In so many decisions the Hon'ble Supreme Court Crl.M.C No.6003 of 2014 2 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.110/2011 before the Judicial First Class Magistrate Court, Tirur 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