The petitioners herein are the accused Nos.3 & 4 in crime No.765/2002 of the Ernakulam Central Police Station, registered under Sections 379 & 201. Their case is now pending as CC 1168/2005 before the Judicial First Class Magistrate Court -II, Ernakulam. It is submitted that the first accused in the crime died pending the proceedings, and the case against the second accused in the crime is now before the Juvenile Justice Court. Section 201 IPC is alleged only as against these accused. These petitioners seek orders quashing the prosecution as against them on the ground that they and the defacto complainant have settled the matter amicably out of court. The defacto complainant Shameer is the second respondent herein. The learned counsel appearing for the second respondent submits that the whole issue stands settled, and that the second respondent has no objection to the case being quashed. I find that there is a real and genuine settlement between the petitioners and the defacto complainant. In such a situation continuance of prosecution against them will not serve any purpose. Orders quashing the prosecution as against them will not affect the case against the other accused. In the result this petition is allowed. The prosecution against the petitioners in CC 1168/2005 of the Judicial First Class Magistrate Court-II, Ernakulam will stand quashed under Section 482 Cr.P.C. Accordingly the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged. The case however will proceed against the other accused.
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P.UBAID, JUDGE lmp //TRUEC COPY// P.A. TO JUDGE