Two crimes, as case and counter, happened to be registered in the Mattannur police Station, in connection with an incident of assault involving two sets of persons. Those are Crime No.1259/2013 and Crime No.1260/2013. The petitioners herein are the accused in 1259/2013. This crime was registered under Sections 143, 147, 148, 341, 323, 324, 308 r/w 149 of IPC on the complaint of one Sajeesh. He is the first respondent herein. One Rajesh who also sustained injuries in the alleged incident, is the second respondent herein. The petitioners seek orders quashing the prosecution on the ground that they and the injured persons have come to terms amicably out of court. Crime No. 1260/2013 was registered on the complaint of one of the petitioners herein. The respondents 2 and 3 have filed affidavit that they have settled the dispute amicably with the accused, the whole dispute resolved forever, and that they have no grievance or complaint now. The FIR and further proceedings in crime No.1260/2013 stands already quashed by this court as per order in Crl.M.C 5740/2014. On a Crl. M.C No. 6620 of 2014 2 perusal of the materials, I find that Section 308 IPC was in fact incorporated in the FIR by the police on the basis of a purely hypothetical statement. This a simple case of assault involving two sets of persons, and two persons sustained injuries in the incident. Anyway, the parties have come to terms amicably out of court, and I find that continuance of proceeding will not serve any purpose. No doubt, it will cause harm and hardship to both sides. In such a situation, the whole proceeding can be quashed. In the result, this petition is allowed. The FIR and further proceedings in Crime No.1259/2013 of the Mattannur Police station will stand quashed under section 482 Cr.P.C.
P.UBAID, JUDGE sab