The petitioners herein are the three accused in C.C 544/2011 of the Judicial First Class Magistrate Court, Sasthamcotta. Crime in the said case was registered under sections 341, 324 and 323 IPC on the complaint of one Anu, who is the second respondent in this proceeding. The accused seek orders under Section 482 Cr.P.C, quashing the prosecution on the ground that they and the complainant have settled the whole dispute amicably out of court. 2. The second respondent has filed affidavit to the effect that he has settled the dispute amicably with the accused, and that he has no grievance or complaint now. He has also averred in the affidavit that he happened to prefer complaint on some misapprehension. In so many decisions, the Hon'ble Supreme court has held that even in cases involving non compoundable offences, the prosecution can be quashed under Section 482 Cr.P.C, if the parties have really settled the dispute. In this case, the offence under Section 324 IPC is not now compoundable under the law after the amendment to the Code of Criminal Procedure. The offences Crl. M.C No. 5770 of 2014 2 under Sections 341 IPC and 323 IPC are not compoundable. I find that no purpose will be served in continuing the prosecution when the parties have really settled the dispute.
In the result, this petition is allowed. The prosecution against the petitioners in C.C 544/2011 will stand quashed under Section 482 Cr.P.C, and the petitioners will stand released from prosecution. The bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab