The petitioners herein are the two accused in S.C. No.519/2010 of the Court of Session, Thiruvananthapuram. Crime in the said case was registered on the complaint of one Sreejith, under Sections 341, 324 and 308 IPC read with 34 IPC. The case is now pending before the learned Assistant Sessions Judge, Attingal. The petitioners now seek orders quashing the prosecution, on the ground that they and the complainant have come to terms amicably out of court. The defacto complainant, Sreejith is the 1st respondent herein. He has filed affidavit to the effect that he has settled the dispute with the accused, and he has no grievance or complaint. On a perusal of the case records, I find that Section 308 IPC was in fact incorporated by the police, purely on the basis of some hypothetical statement. What is at the most attracted is Section 324 IPC. Any way, the parties have come to terms. I find that there is a real settlement between the parties. Continuance of prosecution in such a situation will not Crl.M.C.. No. 7072/2014 2 serve any purpose, other than wasting the precious time of he court. In the result, this petition is allowed. The prosecution pending against the petitioners as S.C. No.519/2010 before the Court of Session, Thiruvananthapuram, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
Sd/-
P. UBAID, JUDGE sd