The petitioners herein are the three accused in SC No.543 of 2013 of the Court of Session, Ernakulam now pending before the learned Assistant Sessions Judge, Muvattupuzha. Crime in the said case was registered under Sections 323, 324, 294 (b), 308 read with Section 34 of Indian Penal Code, on the complaint of one Biju Paul. One of the petitioners herein had also sustained injuries in the alleged incident. Regarding that a counter case was also registered in the police station. Now the parties have come to terms amicably out of court, and the prosecution is sought to be quashed under Section 482 of the Code of Criminal Procedure. It is submitted that the offences in the counter case stand already compounded under the law. The de facto complainant Biju Paul, who gave First Information Statement in the crime is the 1st respondent herein. He has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no Crl.M.C No.6589 of 2014 2 grievance or complaint now. 2. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash prosecution, if the parties have really come to terms and continuance of prosecution will not serve any purpose. Here, the counter case stands closed. No doubt, continuance of prosecution will do harm and hardship to both sides in a circumstance of amicable settlement. On a perusal of the materials, I find that Section 308 of Indian Penal Code was in fact incorporated in the proceeding by the police on the basis of a hypothetical statement. What is at the most attracted is the offence under Section 324 of Indian Penal Code. Anyway, I find a real settlement, and I further find that continuance of prosecution will not serve any purpose, other than wasting the precious time of the court.
In the result, this petition is allowed. The prosecution against the petitioner herein in S.C 543 of 2013 before the learned Assistant Sessions Judge, Muvattupuzha will stand quashed under Section 482 of the Code of Criminal Crl.M.C No.6589 of 2014 3 Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge