The petitioners herein are the accused in Crime No.319 of Melattur Police Station in Malappuram, registered under Sections 143, 147, 148, 149, 308, 323, 324 and 341. Crime in the said case was registered on the complaint of one Pranav Gopal @ Pranav Lal, that the petitioners herein assaulted him and inflicted injuries on his body with weapon, with the knowledge that the injuries may cause death. Now the accused seek orders under Section 482 of the Code of Criminal Procedure quashing the F.I.R and further proceedings on the ground that they and the de facto complainant have settled the dispute amicably out of court. On a perusal of the First Information Statement, I find that Section 308 of Indian Penal Code was incorporated in the F.I.R on the basis of some hypothetical statement, and not on the basis of any definite material attracting Section 308 of Indian Penal Code. I find that this is a very simple case of assault. Anyway, the parties have Crl.M.C No.5550 of 2014 2 amicably settled the dispute out of court. The Hon'ble Supreme Court has held in so many decisions that prosecution, be it at the crime stage or at the trial stage, can be closed by the High Court under Section 482 of the Code of Criminal Procedure, if continuance of prosecution will not serve any purpose, when the parties have come to terms amicably. The de facto complaint, Pranav Lal is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and that he has no grievance or complaint. 2. Learned Public Prosecutor submits, on instruction, that the parties have come to terms, and that the petitioners are not involved in any other crime. It is also submitted that the injured was not in fact admitted in any hospital. Thus, it is quite evident that Section 308 of Indian Penal Code was incorporated in the F.I.R with some ulterior object. Anyway, the parties have come to terms.
In the result, this petition is closed. The F.I.R and further proceedings in Crime No.319 of 2014 of Melattur Police Station in Malappuram District as against the Crl.M.C No.5550 of 2014 3 petitioner herein will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from such proceedings.
ma /TRUE COPY/ Sd/- P.UBAID JUDGE P.S to Judge