The petitioner herein is the sole accused in S.C No. 283/2013 of the court of Session, Ernakulam, now pending before the Learned Principal Assistant Sessions Judge, Ernakulam. Crime in the said case was registered on the complaint of one Shibin Varghese that at the campus of the Government Law College, Ernakulam, the petitioner herein assaulted him and inflicted simple and grievous injuries on his body with weapon. The petitioner herein and the injured were students of law at the time of the alleged incident. Now they have come to terms, and the dispute stands settled. It appears that they are now well settled with practice as lawyers. The petitioner now seeks orders under Section 482 Cr.P.C, quashing the prosecution on the ground that the dispute stands settled, and that continuance of prosecution will not serve any purpose. 2. The defacto complainant who sustained injuries is the second respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute with the petitioner, both being lawyers, and that he has no grievance or complaint now. It appears that the material witnesses are also now lawyers. I find that Section 308 IPC was
Crl. M.C No. 5702 of 2014 2
incorporated in the FIR in this case on the basis of some hypothetical statement.
3. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non compoundable offences the High Court can act under Section 482 Cr.P.C, and quash prosecution, if the parties have really settled the whole dispute which does not involve any public interest or public issue. Here the dispute is purely personnel in nature, and I find that the parties have really settled the dispute. I find that continuance of prosecution in such a situation 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 in S.C 283/2013 of the Court of Session, Ernakulam will stand quashed under Section 482 Cr.P.C, and the petitioner will stand released from prosecution. The bail bond, if any, executed by him will stand discharged.
P.UBAID, JUDGE sab
Crl. M.C No. 5702 of 2014 3