The petitioners herein are the four accused in Crime No.1047/2010 of the Peroorkkada Police Station, registered under Sections 294(b), 323, 324, 308 r/w 34 of the Indian Penal Code. Crime in the case was registered on the complaint of one Prasad. After investigation, the police submitted final report in court, and the case is now pending as S.C No.184/2012 before the learned II Additional Assistant Sessions Judge, Thiruvananthapuram. The petitioners now seek orders quashing the prosecution on the ground that they and the complainant have come to terms amicably out of court
2. 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, if the parties have really settled the whole dispute amicably, and continuance of prosecution will not serve any purpose.
3. The Defacto complainant Prasad is the first respondent in this proceeding. He has filed affidavit to the effect Crl.M.C No.6667 of 2014 2 that he has settled the whole dispute with the accused and that he has no complaint or grievance now. I am well satisfied that there is a real and genuine settlement between the parties. No doubt, none of the material witnesses will, in any manner, support the prosecution when the case against the petitioners goes to trial. Practically continuance of prosecution will not serve any purpose other than wasting the precious time of the court.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in S.C No.184/2012 before the II Additional Assistant Session Court, Thiruvananthapuram will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID JUDGE ab