The petitioners are the two accused in Crime No.770/2014 of the Kunnamangalam Police Station, registered under Sections 341, 323, 324, 308 and 294(b)IPC, read with 34 IPC, on the complaint of one Sakeer. The petitioners seek orders quashing the prosecution on the ground that they and Sakeer have come to terms amicably out of court. The complainant Sakeer is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute with the accused, and he has no grievance or complaint now. The parties are in fact relatives, and the alleged incident happened in connection with drawing of an electric line through the property of the defacto complainant. Now, the whole dispute stands resolved on the intervention of other members of the family, and the parties are on quite cordial terms. Of course, I find that Section 308 IPC was in fact incorporated in the proceeding on the basis of a purely hypothetical statement. What is at the most attracted is the offence under Section 324 IPC. Any way, there is a real Crl.M.C. No. 4219 of 2014 2 settlement between the parties. In such a situation, continuance of further proceedings will cause harm and hardship to both the parties, and it will create problems in the family also. In the result, this Crl.M.C. is allowed. The FIR and further proceedings in Crime No.770/2014 of the Kunnamangalam Police Station of Kozhikode District, will stand quashed under Section 482 Cr.P.C.
Sd/-
P. UBAID, JUDGE sd