Petitioner herein is the original 2nd accused in Crime No. 605/2004 of the Vadakara Police Station, registered under Sections 143,147,148,324 and 308 IPC, on the complaint of one Hamsa. The other four accused faced trial before the learned Assistant Sessions Judge, Vadakara in S.C.No. 250/2005, and obtained a judgment of acquittal under Section 232 C.P.C., when the prosecution failed to procure the presence of the material witnesses. The case against the petitioner herein was split up and re-filed as S.C. No. 499/2012 when he consistently remained absent during the trial process. Now, he seeks orders under Section 482 Cr.P.C. quashing the prosecution on the ground that he and the defacto complainant have amicably settled the matter, and continuance of prosecution will not serve any purpose. The defacto complainant, Hamsa is the 2nd respondent herein. He has filed affidavit to the effect that he has settled the Crl.M.C.. No. 6112/2014 2 dispute with the accused, and that he has no grievance or complaint now. On a perusal of the materials, I find that Section 308 IPC was incorporated in the FIR by the police on the basis of a purely hypothetical statement, and I find nothing definite to attract the said Section. Any way, the parties have come to terms amicably now. No doubt, the material witnesses will not support the prosecution when the case against the petitioner goes to trial. Continuance of prosecution as against him will definitely be a sheer waste of time in the present circumstances. The Honourable Supreme Court has held that in such cases, even when the crime involves non-compoundable offences, the High Court can quash the prosecution, if continuance of prosecution will not serve any purpose. Here, continuance of proceedings will not serve any purpose other than wasting the precious time of the court. In the result, this Crl.M.C. is allowed. Prosecution as against the petitioner in S.C.No. 499/2012 before the Assistant Sessions Judge, Vadakara, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioner will stand released from Crl.M.C.. No. 6112/2014 3 prosecution. Bail bond, if any, executed by the petitioner will stand discharged.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE