The petitioners herein are the five accused in S.C No.680 of 2011 before the IVth Additional Sessions Court, Thrissur. Crime in the said case was registered on the complaint of one Chitharenjan under Sections 324 and 308 of Indian Penal Code. After investigation, the police submitted final report under those Sections, and cognizance was taken on final report. Now the accused seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they and the de facto complainant have amicably settled the whole dispute, and that the complainant no grievance or complaint. The de facto complainant who sustained injuries in the alleged incident, is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute, and that he has no grievance or complaint. Crl.M.C No.6288 of 2014 2 2. On a perusal of the records, I find that some personal dispute or property dispute in fact led to the registration of the crime, and I also find that Section 308 of
I.P.C was incorporated in the F.I.R and the charge-sheet on the basis of purely a hypothetical statement. In Gian Singh v. State of Punjab [2012 (4) KLT 108 SC ] and in Narinder Singh & Others v. State of Punjab and another[ 2014 (2) KLJ 252], the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can act under Section 482 of Cr.P.C and quash prosecution, if the parties have really settled the whole dispute, and continuance of criminal proceeding will not serve any purpose. Here I find that there is a real and genuine settlement, and that the parties have resolved the dispute forever. In such a situation, continuance of prosecution will not serve any purpose, other than wasting the precious time of the trial court. I find that the prosecution can well be quashed.
In the result, this petition is allowed. The prosecution against the petitioners in S.C No. 680 of 2011 of the IVth Crl.M.C No.6288 of 2014 3 Additional Sessions Court, Thrissur will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from such proceedings and the bail bond, if any, executed by the petitioners will stand discharged.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge