The petitioners herein are the accused in Crime No.358/2014 of the Cherpulassery Police Station, registered under Sections 143, 147, 148, 452, 323 and 308 r/w 149 of the Indian Penal Code, on the complaint of one Shabeer, that the petitioners assaulted him and inflicted injuries on his body with the knowledge that the injuries may cause death. Now the petitioners seek orders quashing the prosecution on the ground that they and the complainant have amicably settled the whole dispute out of court, that they are now on cordial terms, and that continuation of proceeding will cause harm and hardship to both sides. The defacto complainant Shabeer is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute amicably with the accused, and that he has no complaint or grievance now. On a perusal of the material, I find that Section 308 of the Indian Penal Code was in fact incorporated in the FIR by the police on the basis of a hypothetical statement. What is at the most attracted is the Crl.M.C No.3784 of 2014 2 offence under Section 323 of the Indian Penal Code.
3. 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; be it at the crime stage, or at the trial stage, if the parties have come to terms, and continuance of prosecution will not serve any purpose. Here I find a case of true and genuine settlement, and I find that continuance of prosecution will do harm and hardship to both sides.
In the result, the Criminal Miscellaneous Case is allowed. Accordingly, the prosecution against the petitioners herein in Crime No.358/2014 of the Cherpulassery Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
P.UBAID JUDGE ab