In these three proceedings, orders under Section 482 Cr.P.C. are sought quashing three prosecutions, which are interconnected. C.C. No. 849/2013 of the Judicial First Class Magistrate Court-II, Thamarassery arising out of crime No. 61/2013 of the Thiruvanbadi Police Station, and C.C.No. 809/2013 arising out of crime No. 60/2013 of the same Police Station are case and counter. C.C. No.1544/2013 pending before the same court is a complaint case brought by the defacto complainant in C.C. No. 849/2013. These petitions are brought on the ground that the parties have amicably settled the whole dispute out of court, and continuance of prosecution will not serve any purpose. Composition as such is not possible under the law, because some non-compoundable offences are involved in the cases. That is why orders are sought under Section 482 Cr.P.C. In Gian Sing Vs. State of Punjab [2012(4) KLT 108 (SC)], Narinder Singh and Others v. State of Punjab and Crl.M.C. Nos. 5863, 5864 & 5865 of 2014 2 Another [2014(2) KLJ 252], the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High Court can act under Section 482 Cr.P.C., and quash the prosecution, if the parties have really settled the whole dispute, and continuance of prosecution will not serve any purpose. In all these proceedings, the injured persons have filed affidavit to the effect that they have settled the whole dispute, and they have no grievance or complaint. They are respondents in these proceedings. 2. The counsel on both the sides submitted that the complaint happened to be made on some misapprehension, and that the parties have settled the whole dispute on the intervention of persons acceptable to both sides. I find that the parties have really settled the whole dispute, and that the prosecution can be quashed by applying the guidelines made by the Honourable Supreme Court regarding exercise of powers under Section 482 Cr.P.C.
In the result, all the petitions are allowed. Prosecution pending against the petitioners in C.C. Nos. 849/2013, 809/2013 Crl.M.C. Nos. 5863, 5864 & 5865 of 2014 3 and 1544/2013 before the Judicial First Class Magistrate Court-II, Thamarassery will stand quashed under Section 482 Cr.P.C., and the respective accused in the three cases will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE