The First Information Report and further proceedings in Crime No.1583 of 2013 of Sakthikulangara Police Station in Kollam District are sought to be quashed under Section 482 of the Code of Criminal Procedure, on the ground that the accused and the de facto complainant have come to terms amicably out of court. The petitioners in Crl.M.C No.2157 of 2014 are accused Nos. 1 to 5 in the crime and the petitioner in Crl.M.C No.5649 of 2014 is the 6th accused. Crime in the said case was registered on the complaint of one Kevin under Sections 143,117, 148, 323, 324, 326 read with 149 of Indian Penal Code. The de facto complainant Kevin is the 2nd respondent in these proceedings. 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. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable Crl.M.C Nos.2157 and 5649 of 2014 2 offences, the High Court can act under Section 482 of the Code of Criminal Procedure and quash prosecution, be it at the crime stage or at the trial stage, or even at the appellate stage, if the parties have amicably settled the whole dispute, and continuance of proceedings will not serve any purpose. Here, I find that the parties have really settled the whole dispute forever. I am definite that continuance of proceedings in such a situation will do harm and hardship to both the parties, and it will not serve any purpose.
In the result, these petitions are allowed. Accordingly, the F.I.R and further proceedings in Crime No.1583 of 2013 of Sakthikulangara Police Station will stand quashed under Section 482 of the Code of Criminal Procedure. The petitioners in these two petitions will stand released from such proceedings.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge