The petitioners herein are the five accused in S.C No.193 of 2013 of the IIIrd Additional Assistant Sessions Court, Kozhikode. Crime in the said case was registered on the complaint of one Ibrahim that the petitioners assaulted him and one Mohammed Sinan in connection with some personal dispute, and inflicted injuries on their body with weapon, with the knowledge of consequence that such injuries may cause death. Now the petitioners seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they and the injured persons have come to terms amicably out of court on the intervention of persons acceptable to both sides, and continuance of prosecution in such a situation will not serve any purpose. The de facto complainant Ibrahim and the other injured Mohammed Sinan are respondents 2 and 3 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 Crl.M.C No.5370 of 2014 2 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 act under Section 482 of the Code of Criminal Procedure, and quash prosecution, if the parties have amicably settled the whole dispute, and continuance of prosecution will not serve any purpose. Of course, in this case, I find, on a perusal of the materials, that Section 308 I.P.C was incorporated in the proceedings by the police on the basis of a purely hypothetical statement. Anyway, there is real settlement out of court, and I find that that continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the trial court.
In the result, this petition is allowed. The prosecution against the petitioners herein in S.C 193 of 2013 of the IIIrd Additional Sessions Court, Kozhikode will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from such prosecution, and the bail bond, if any, executed by them will stand discharged.
Sd/- P.UBAID JUDGE ma /True coy/ P.S to Judge