The petitioners herein are the two accused in Crime No.1233 of 2014 of Sakthikulangara Police Station, registered under Sections 452, 323, 324, 326, 341, 427 and 294 (b) of I.P.C. The said crime was registered on the complaint of one Franklin, alleging that at about 1 p.m. on 18.8.2014, these two petitioners trespassed into his house, abused him with filthy language, assaulted him, and inflicted simple and grievous injuries on his body with weapon, in connection with some previous enmity. Now the accused have approached this Court under Section 482 of Cr.P.C to quash the said crime on the ground that they and the de facto complainant have settled the whole dispute amicably on the intervention of respectable persons of the locality. 2. With the object of verifying the genuineness of the settlement, the de facto complainant Franklin was directed to appear in court. Today he appeared in person and submitted that he has amicably settled the dispute with the accused on the intervention of respectable persons Crl.M.C No.5086 of 2014 2 including the Vicar of the church, and he has no complaint or grievance. He also submitted that he and the accused are now on good terms, and that they are now good friends.
3. Learned Public Prosecutor submitted that the petitioners are not involved in any other crime. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, be at the crime stage or the trial stage, the High Court can act under Section 482 of Cr.P.C and quash the prosecution, if the parties have really settled the whole dispute, and continuance of prosecution will not serve any purpose. In this case, I am well satisfied that continuance of prosecution will be a sheer waste of time, and it will not serve any purpose, when the parties have settled the whole dispute.
In the result, this petition is allowed. The criminal proceeding pending against the petitioners in Crime No.1233 of 2014 of Sakthikulangara Police Station will stand quashed under Section 482 of Cr.P.C, and the petitioners will stand released from such prosecution.
ma /True copy/ P.S to Judge Sd/- P.UBAID JUDGE