The petitioners herein are the two accused in Crime No.507 of 2014 of Mukkom Police Station, registered under Sections 324 and 308 of Indian Penal Code, on the complaint of one Muhammed, that the petitioners, his neighbours, assaulted him and inflicted injuries on his body with weapon, with the knowledge of consequence that the 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 de facto complainant have settled the dispute amicably out of court. It is submitted that the de facto complainant is a close neigbbour of the petitioners, and that the whole dispute stands settled and resolved on the intervention of persons acceptable to both sides. The de facto complainant Muhammed is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and that he has no grievance or Crl.M.C No.5677 of 2014 2 complaint. 2. On a perusal of the proceedings, I find that Section 308 of Indian Penal Code was incorporated in the F.I.R by the police on the basis of a purely hypothetical statement. In fact, what is revealed is the offence under Section 324 of Indian Penal Code. Anyway, I find that there is real and genuine settlement between the parties and I also find that continuance of proceedings in the crime will cause harm and hardship to both sides. No doubt, nobody will support the prosecution, if the police proceeds for investigation and submits final report.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.507 of 2014 of Mukkom Police Station as against the petitioners herein will stand quashed under Section 482 of the Code of Criminal Procedure.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge