final report, this appears to be a simple case of assault. When the case comes up for trial against the others the trial court will have to examine whether this is in fact a case involving the offence under Section 308 IPC. On a perusal of the final report I find that the main allegations are against the other accused and as alleged by the prosecution the person who inflicted injuries with weapon is the third accused. I find that orders in favour of the petitioner herein will not affect the prosecution as against the other three accused. The prosecution against them can safely continue in the trial court. In so many decisions the Hon'ble Supreme Court has held that even in cases involving non compoundable offences, the High Court can quash the prosecution as against all the accused or some among them, if there is a real and genuine settlement. As already observed, the applicability of Section 308 IPC will have to be thoroughly examined by the trial court. In the circumstances of a real settlement between the parties, the prosecution as against the petitioner can be quashed.
