The accused in Crime No. 1246/2014 of the Parassala Police Station are the petitioners in Crl.M.C. No. 5918/2014. The petitioners in Crl.M.C. No. 5916/2014 are the accused in crime No. 1247/2014, which is exactly a counter case. During investigation in the two crimes, both the parties settled the disputes amicably on the intervention of persons acceptable to both sides. Accordingly, persons on both the sides submitted application under Section 482 Cr.P.C. to quash the prosecution. Offences involved in Crime No. 1246/2014 are under Sections 143, 147, 149, 323, 324 and 308 IPC. The said crime was registered on a complaint of one Arshad on the allegation that he and two others were assaulted by the accused therein. In crime No. 1247/2014, the case was registered on the complaint of one Ajaya Kumar that he and two others were assaulted by the accused therein. Offences involved in the said crime are under Crl.M.C. Nos. 5916 and 5918 of 2014 2 Sections 143, 147, 149, 323, 324 and 308 IPC. These petitions are filed on the ground that the parties have amicably settled the whole dispute out of court, and continuance of prosecution will cause hardship and injustice to both sides. 2. In so many decisions, the Honourable Supreme Court has held that the High Court can quash prosecution under Section 482 Cr.P.C. when the parties have really settled the whole dispute out of court, whether it is at the crime stage or at the trial stage. In both the cases, I find that Section 308 IPC is incorporated in FIR on some hypothetical statement. I find that simple incident of assault is involved in the two crimes, and persons of both sides were injured. Now, both sides have settled the whole dispute amicably, and the parties do not want to proceed further with investigation. I find that the two proceedings can be quashed in the interest of justice. The injured persons on other sides have filed affidavit to the effect that the whole disputes stands settled and that they have no grievance or complaint now. I find that in such a situation, continuance of prosecution will not serve any purpose.
Crl.M.C. Nos. 5916 and 5918 of 2014 3 In the result, both these petitions are allowed. Prosecution against the petitioners in FIR in Crime No. 1246/2014 and crime No. 1247/2014 of the Parassala Police Station and further proceedings therein will stand quashed under Section 482 Cr.P.C., and the petitioners in these two proceedings will stand released from further proceedings. Petitioners in custody will immediately be released from custody. The learned Magistrate having jurisdiction will issue release order.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE