The petitioners herein are the four accused in S.C No.560/2011 of the court of Session, Ernakulam, now pending before the learned Assistant Sessions Judge, Muvattupuzha. Crime in the said case was registered under Sections 452, 308, 324, 326 & 120B r/w 34 of IPC on the complaint of one john, that in prosecution of a criminal design made by the petitioners they assaulted him and his wife Leelamma, and inflicted simple and grievous injuries on their body with weapons. Now the petitioners seek orders quashing the prosecution under Section 482 Cr.P.C on the ground that they and the complainant have amicably settled the dispute out of court. The de facto complainant John and his wife Leelamma who sustained injuries in the incident are the respondents 2 and 3 in this proceeding. They have fled affidavit to the effect that they have settled the dispute with the accused, and that they have no complaint or grievance now. 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 under Section 482 Cr.P.C; be it at the crime stage, or at the trial stage, or even at the appellate or revisional stage, if the parties have really settled the dispute, and Crl. M.C No. 6222 of 2014 2 continuance of prosecution will not serve any purpose, or that it will cause harm and hardship to both sides. Here I find such a situation of real and genuine settlement, and I find that continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court. On a perusal of the records, I find that Section 308 IPC was in fact incorporated in the FIR and final report by the police on the basis of some hypothetical statement. There is nothing definite to attract the offence under Section 308 IPC. Anyway, there is a real settlement, and it is definite that nobody will support the prosecution in the present circumstance, if the case goes to trial. In the result, this petition is allowed. The prosecution as against the petitioner in S.C No. 560/2011 of the Assistant Sessions Court, Muvattupuzha will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab