The petitioner herein is the sole accused in S.C No.351/2014 of the Court of Session, Manjeri, now pending before the learned Additional Sessions Judge, Tirur. Crime in the said case was registered under Sections 341, 324 and 308 of the Indian Penal Code on the complaint of one Badusha. He is none other than the direct brother of the petitioner herein. The petitioner seeks orders under Section 482 of the Code of Criminal Procedure, quashing the prosecution, on the ground that he and his brother have come to terms amicably, and that they have resolved the whole dispute on the intervention of acceptable persons in the family. The defacto complainant is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with his brother, and that he has no complaint or grievance now.
2. 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, if the parties Crl.M.C No.6490 of 2014 2 have settled the whole dispute amicably, and continuance of prosecution will not serve any purpose, or will cause harm and hardship to both sides.
3. Applying the guidelines made by the Hon'ble Supreme Court this prosecution can be quashed, because it will not serve any purpose. Here I find that Section 308 of the Indian Penal Code was incorporated by the police on the basis of some hypothetical statement.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioner herein in S.C No.351/2014 before the Additional Sessions Court, Tirur will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
P.UBAID JUDGE ab