The petitioner herein is the sole accused in Crime No. 1051/2014 of the Sasthamcotta Police Station, registered under Sections 452, 323, 324 and 308 IPC, on the complaint of his own father-in-law, that the son-in-law assaulted him and inflicted injuries on his body with weapons, with the knowledge that the injuries may cause death. Now, the accused seeks orders under Section 482 Cr.P.C. quashing the prosecution on the ground that he and his father-in-law have come to terms amicably and continuance of proceedings will not serve any purpose. The defacto complainant is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute with the son-in-law amicably, and that he has no complaint or grievance now. I find that the alleged incident in fact happened in connection with some family dispute, and that Section 308 IPC was incorporated in the FIR on the basis of some hypothetical Crl.M.C.. No. 4127/2014 2 statement. Any way, the parties have come to terms amicably and in such a situation, continuance of proceedings will definitely cause harm and hardship to both the sides. No doubt, it will create problems within the family also. In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash prosecution under Section 482 Cr.P.C., if the parties have really settled the dispute and continuance of prosecution will not serve any purpose. Applying guidelines made by the Honourable Supreme Court, this prosecution can be quashed. In the result, this petition is allowed. The FIR and further proceedings as against the petitioner in Crime No. 1051/2014 of the Shasthamcotta Police Station will stand quashed under Section 482 Cr.P.C., and the petitioners will stand released from prosecution.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE