The petitioners herein are the four accused in C.P. No.1 of 2014 of the Judicial First Class Magistrate Court,Thirur. Crime in the said case was registered under Sections 341, 324, 308 and 506 of Indian Penal Code, on the complaint of one Ajmal, that the petitioners herein assaulted him and his friend Niyas, and inflicted injuries on their body with weapon, with the knowledge that the injuries may cause death. The alleged incident happened in connection with some clash between two student groups in campus. Now the accused seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they and the injured persons have settled the dispute amicably out of court. The de facto complainant and the other injured are respondents 1 and 2 in this proceeding. They have filed affidavit to the effect that they have settled the dispute with the accused, and that they have no grievance or Crl.M.C No.6225 of 2014 2 complaint. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non- compoundable offences, the High Court can act under Section 482 of the Code of Criminal Procedure, if the parties have really settled the whole dispute, and continuance of prosecution will not serve any purpose. Here, I find such a situation where there is real settlement. The accused and the injured have settled everything, and they have resolved the whole dispute within campus and beyond campus. Now they are on cordial terms. I am definite that continuance of prosecution in such a situation will not serve any purpose, because nobody will support the prosecution, when the case goes to trial. 2. On a perusal of the final report and the F.I.R, I find that the offence under Section 308 of Indian Penal Code was incorporated in the F.I.R by the police on the basis of some hypothetical statement. I find nothing to attract such an offence. In this case, continuance of prosecution will be a sheer waste of time, when the parties have really settled the whole dispute.
Crl.M.C No.6225 of 2014 3 In the result, this petition is allowed. The prosecution against the petitioners herein in C.P.1 of 2014 of the Judicial First Class Magistrate's Court, Thirur will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
P.UBAID JUDGE ma