The petitioner herein is the sole accused in C.C No.90 of 2012 before the Chief Judicial Magistrate Court, Palakkad. Crime in the said case was registered under Sections 341 and 326 of Indian Penal Code, on the complaint of one Kuttikrishnan. He is the 2nd respondent in this proceeding. On the final report submitted by the police, the learned Magistrate took cognizance under Sections 341 and 326 of Indian Penal Code and issued warrant of arrest against the petitioner. Now the accused seeks orders under Sections 482 of the Code of Criminal Procedure quashing the prosecution on the ground that he and the complainant have settled the dispute amicably out of court, and that continuance of prosecution will not serve any purpose. 2. The 2nd respondent has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint now. It is submitted Crl.M.C No.6302 of 2014 2 that the petitioner and the complainant are direct brothers. I am well satisfied that the parties have really settled the whole dispute.
3. In so many decisions, the Hon'ble Suprem Court has held that even in cases involving non-compoundable offences, the High Court can act under Section 482 of the Code of Criminal Procedure and quash prosecution, if the parties have really settled the whole dispute, and continuance of prosecution will not serve any purpose. I am definite that continuance of prosecution will not serve any purpose. No doubt, the complainant will not gave evidence against his brother, when the case goes to trial.
In the result, this petition is allowed. The prosecution against the petitioner in C.C No.90 of 2012 before the Chief Judicial Magistrate Court, Palakkad will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by the petitioner will stand discharged.
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P.UBAID JUDGE ma /True copy/ P.S to Judge