The petitioners herein are the five accused in C.C No.775/2013 of the Judicial First Class Magistrate Court I, Manjeri. Crime in the said case was registered under Sections 143, 147, 341 and 323 r/w Section 149 of the Indian Penal Code, on the complaint of one Mysoom, that the petitioners assaulted him, his brother Askar, and their uncles Musthafa and Subair. The petitioners now seek orders quashing the prosecution on the ground that they and the injured persons have come to terms amicably out of court. The defacto complainant Mysoom and the other injured persons are respondents 2 to 5 in this proceeding. They have filed affidavit to the effect that they have settled the whole dispute with the accused, and they have no complaint or grievance now. I am well satisfied that there is a real and genuine settlement between the parties, and I find that continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court, or it Crl.M.C No.7158 of 2014 2 may cause harm and hardship to both sides.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.C No.775/2013 before the Judicial First Class Magistrate Court I, Manjeri will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID JUDGE ab