The petitioners herein are the two accused in C.C No.481/2012 of the Judicial First Class Magistrate Court II, Cherthala. Crime in the said case was registered under Sections 323, 324 and 427 r/w 34 of the Indian Penal Code on the complaint of one Ibrahim, that the petitioners assaulted him and his son Jaisal, and inflicted injuries on their body. The petitioners now seek orders quashing the prosecution on the ground that they and the injured persons have amicably settled the whole dispute out of court. The defacto complainant Ibrahim and his son are respondents 1 and 2 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. The accused and the respondents 1 and 2 are close relatives. I am well satisfied that the dispute now stands settled on the intervention of some other members of the family. No doubt, continuance of prosecution will not serve any purpose Crl.M.C No.6420 of 2014 2 other than wasting the precious time of the court, because, in the present circumstances nobody will support the prosecution. Orders are sought under Section 482 of the Code of Criminal Procedure because composition as such is not now possible.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.C No.481/2012 before the Judicial First Class Magistrate Court II, Cherthala 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