The petitioners in Crl.M.C.No.2951/2014 are the nine accused in Crime No. 309/2014 of the Badagara Police Station registered under Sections 143, 147, 148, 341, 323, 506(ii), 294 (b) and 308 IPC, on the complaint of one Shobith, that the petitioners assaulted him as part of a criminal design made by them, and inflicted injuries on his body with weapons. One of the petitioners had also sustained injuries in the said incident, and on his complaint, Crime No. 310/204 was registered in the very same police station as a counter case under Sections 143, 147, 148, 452, 324 and 294(b) IPC. Now, the two crimes are sought to be quashed under Section 482 on the ground that the parties have come to amicable settlement out of court on the intervention of acceptable persons, and that the injured on either side has no grievance or complaint. The injured person is the 2nd respondent in the proceeding brought under Section 482 Cr.P.C., and the parties have produced an agreement of settlement signed by them to the effect that they have settled and resolved the whole dispute forever. In so many decisions, the Honourable Supreme Court has held that even in cases involving non- compoundable offences, the High Court can act under Section 482 Cr.P.C., and quash prosecution; be it at the crime stage, or at the trial stage, if the parties have really settled the whole dispute, and continuance of further proceedings will cause harm and hardship to the parties. In this case, I am well satisfied that the parties have really settled the whole dispute, and that continuance of prosecution in the above situation will not serve any purpose. No doubt, continuance of proceedings will definitely cause harm and hardship to both the parties. In crime No. 309/2014, I find on a perusal of FIR that Section 308 IPC was incorporated on the basis of some hypothetical statement. I find nothing material to attract the offence punishable under Section 308 IPC in that crime. In the result, two petitions are allowed. Accordingly, the FIR and further proceedings in Crime No. 309/2014 of the Badagara Police Station as against the petitioners in Crl.M.C. No.
2951/2014, and also the FIR and further proceedings in Crime No.310/2014 of the same police station as against the petitioners in Crl.M.C. No. 2952/2014, will stand quashed under Section 482 Cr.P.C., and the respective petitioners in the two crimes will stand released from such proceedings.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE