The petitioner herein is the sole accused in S.C.No.337/2013 of the Court of Session, Thrissur. Crime in the said case was registered under Sections 341,324 and 308 IPC, on the complaint of one Sangeeth Biju, that the petitioner assaulted him and his father Biju, and inflicted injuries on their body with weapons with the knowledge of consequence that the injuries may cause death. The petitioner now seeks orders quashing the prosecution, on the ground that he and the injured persons have come to terms amicably out of court. The complainant Sangeeth Biju and his father Biju are the 2nd and 3rd respondents in this proceeding. They have filed affidavit to the effect that they have settled the dispute with the accused, and that they have no grievance or complaint now. On a perusal of the case records, I find that the alleged incident in fact occurred in connection with a matrimonial dispute. I am well satisfied that the parties have really settled the whole dispute on the intervention of persons Crl.M.C. No. 7010/14 2 acceptable to both sides. Continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court, and it will even cause harm and hardship to both the parties. No doubt, nobody will support the prosecution in the circumstance of amicable settlement, if the case goes to trial. I find that Section 308 IPC was incorporated in the proceedings by the police on the basis of a purely hypothetical statement. What is at the most revealed is the offence under Section 324 IPC. Any way, the parties have come to terms amicably. In the result, this Crl.M.C. is allowed. The prosecution as against the petitioner in S.C.No.337/2013 of the Court of Session, Thrissur will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
Sd/-
P. UBAID, JUDGE sd