The petitioners herein are the accused Nos.1 to 7 in Crime No.657/2014 of the Mukkom Police Station, registered under Sections 143, 147, 148, 341, 323, 324 and 308 r/w 149 of the Indian Penal Code on the complaint of one Muhammed Noufal that these petitioners assaulted him and his friends Ansar Ali, Navaneeth, Avijith and Muhammed Safeer and inflicted injuries on their body with weapon, with the knowledge that the injuries may cause death. The petitioners now seek orders quashing the prosecution under Section 482 of the Code of Criminal Procedure on the ground that the injured person have come to terms amicably out of court on the intervention of persons acceptable to both sides, and the injured persons have no grievance or complaint now. The first informant Mohammed Noufal and the persons sustained injuries are respondents 2 to 6 in this proceeding. They have filed affidavit to the effect that they have settled the whole dispute with the accused and that they have no complaint or grievance now.
Crl.M.C No.6560 of 2014 2 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 which does not involve any public issue, and continuance of proceeding will not serve any purpose. Here I find on a perusal of the records that Section 308 of IPC was incorporated in the proceeding on some hypothetical statement. What is at the most attracted is Section 324 of IPC Anyway, 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 FIR and the further proceeding in Crime No.657/2014 of Mukkom Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
P.UBAID JUDGE ab