The petitioner herein is the sole accused in Crime No.894/2014 of Manjeri Police Station, registered under Sections 342, 324, 325, 363 and 308 r/w Section 34 of the Indian Penal Code, on the complaint of one Kunhalan, S/o.Koya. The other persons involved in the crime are not known. The petitioner now seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that he and the complainant have come to terms amicably out of court. The defacto complainant Kunhalan is the 2nd respondent herein. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and that he has no complaint or grievance now.
2. On hearing both sides, and on a perusal of the materials, I find that the alleged incident in fact happened in connection with some matrimonial dispute, and that Section 308 of IPC was in fact incorporated in the FIR on a purely hypothetical statement. Another crime registered under Section 498A IPC on the complaint of petitioner's sister stands quashed by this Court under Section 482 of the Code of Criminal Procedure as per order dated Crl.M.C No.6936 of 2014 2 24.10.2014 in Crl.M.C No.6007/2014. I am well satisfied that the parties have really settled the whole dispute on the intervention of persons acceptable to both sides, and that the whole matrimonial dispute stands resolved forever. In such a situation continuance of prosecution will cause harm and hardship to both sides. No doubt, none of the material witnesses will, in any manner, support the prosecution when the case against the petitioner goes to trial. Practically, continuance of prosecution will be a sheer waste of time.
3. 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. Here I find a case of true and genuine settlement.
In the result, this Criminal Miscellaneous Case is allowed. The FIR and further proceeding in Crime No.894/2014 of Manjeri Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
P.UBAID JUDGE ab