---------- The petitioners herein, including the additional 5th petitioner, are the 5 accused in crime No.666 of 2014 of Perinthalmanna Police Station, registered under Sections 143,147,148,341,323,324,326, 294(B),308 read with section 149 IPC, on the complaint of one Thaslim Arif. Investigation is in progress in the crime. Now the petitioners seek orders under Section 482 of the Code of Criminal Procedure, quashing the crime and further proceedings, on the ground that they and the defacto complainant have amicably come to terms out of court on the intervention of persons acceptable to both sides within family. It is submitted that the dispute is really a family dispute, and that the whole dispute stands resolved forever. The defacto complainant Thaslim Arif is the second 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 complaint now. In so many decisions like Gian Singh v. State of Punjab and others [2012 (4) KLT 108 SC] and
Narinder Singh & others v. State of Punjab and another
[2014 (2) KLJ 252], the Hon'ble Supreme Court has made some guidelines for exercise of powers under Section 482 of the Code of Criminal Procedure. The Supreme Court has held that even in cases Crl.M.C. No.3423 OF 2014 2 involving non-compoundable offences, the High Court can act under Section 482 of the Code of Criminal Procedure and quash prosecution; be it at the crime stage or at the trial stage, or even at the appellate or revisional stage, if the parties have settled the whole dispute amicably out of court, and continuance of further proceedings will not serve any purpose. Here I find such a situation of real and genuine settlement out of court. I am definite that continuance of the proceedings further in such a situation will do harm and hardship to both sides, and will create further problems within the family. I find that the prosecution can well be quashed.
In the result, this petition is allowed. The FIR and further proceedings in crime No.666/2014 of Perinthalmanna Police Station as against the petitioners herein will stand quashed under section 482 of the Code of Criminal Procedure.
lmp Sd/- P.UBAID JUDGE //TRUE COPY// P.A. TO JUDGE