The petitioners herein are the three accused in S.C.No.2332/2006 pending before the learned Assistant Sessions Judge, Neyyattinkara. They seek orders under Section 482 Cr.P.C. quashing the prosecution on the ground that they and the defacto complainant have amicably settled the whole dispute, and continuance of prosecution will not serve any purpose. Crime in the said case was registered on the complaint of one Gopakumar, that the petitioners herein assaulted him and inflicted serious and grievous injuries on his body with weapons. Crime was registered under Sections 326, 307 and 341 IPC. The defacto complainant, Gopakumar, who sustained injuries is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute, and that he has no grievance or complaint now. In Gian Sing Vs. State of Punjab [2012(4) KLT 108(SC)], Narinder Singh and Others v. State of Punjab and Anothr [2014(2) KLJ 252] and other decisions, the Honourable Supreme Court has held that even in Crl.M.C.. No. 3100/2014 2 cases involving non-compoundable offences, the High Court can act under Section 482 Cr.P.C. and quash the prosecution, if the parties have really settled whole dispute amicably, and continuance of prosecution will not serve any purpose. A perusal of the FIR and the final report shows that definite materials are not there to attract Section 307 IPC. However, there are materials under Section 326 IPC. Any way, the parties have settled the dispute out of court. It is definite that none of the witnesses will support the prosecution, when the whole dispute stands settled. Continuance of prosecution will not serve any purpose, other than wasting the precious time of the court. In the result, this Crl.M.C. is allowed. The prosecution as against the petitioners in S.C. No. 2332/2006 before the learned Assistant Sessions Judge, Neyyattinkara will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution. Bail bond, if any, executed by the petitioners will stand discharged.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE