Petitioners herein are the five accused in crime No. 4/2014 of the Nenmara Police Station, Palakkad District. The case is now pending as C.P. No. 34/2014 before the Judicial First Class Magistrate Court, Alathur. The incident of assault alleged in this case happened in connection with New Year celebrations, and the crime was registered on the complaint of one Pradeep, who sustained injuries in the alleged incident. It appears that persons on both sides sustained injuries. The accused now seek orders under Section 482 Cr.P.C., quashing the prosecution on the ground that they and the defacto complainant have amicably settled the whole dispute out of court, and that continuance of prosecution will not serve any purpose. 2. Defacto complainant, Pradeep is the 1st respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the petitioners, and he has no Crl.M.C.. No. 5533/2014 2 grievance or complaint. On a perusal of the materials, I find that the complaint happened to be preferred on some misapprehension, and Section 308 IPC was incorporated in the FIR on the basis of some hypothetical statement. I find that this is not a clear case attracting Section 308 IPC, though cognizance was taken in the committal court under Sections 143, 147, 148, 324 and 308 IPC.
2. In so many decisions including Gian Sing Vs. State of Punjab [2012(4) KLT 108(SC)], Narinder Singh and Others v. State of Punjab and Another [2014(2) KLJ 252], the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High Court can act under Section 482 Cr.P.C. and quash the prosecution, if the parties have really settled the whole dispute which does not involve any public interest of public issue. In this case, I am well satisfied that the parties have really settled the whole dispute, and continuance of prosecution in such a circumstance will not serve any purpose, other than wasting the precious time of the court. Nobody will support the prosecution in this case.
Crl.M.C.. No. 5533/2014 3 In the result, this Crl.M.C. is allowed. Prosecution as against the petitioners in C.P. No. 34/2014 of the Judicial First Class Magistrate Court, Alathur will stand quashed under Section 482 Cr.P.C., and the petitioners will stand released from prosecution. The bail bond if any, executed by the petitioners will stand discharged.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE