I am told that this this El Mundo article reports that the prosecutor was recommending rejection of the complaint; if you speak Spanish, and can confirm or deny this, please let me know. For the original story, see here.
UPDATE: My Spanish-speaking correspondent translates the latest story:
The “fiscal” (district attorney) ordered the immediate dismissal without further procedings of the Muslim’s complaint against Prof. Jose Reyes, who had told his high school class that a cold climate is good for the curing of Jamon Serrano (Ham from the Sierra), using as an example the excellent ham produced in Trevelez (Province of Granada). “The student felt offended as to his religion, and it all led to a criminal complaint for racism.”, reports El Mundo (Spanish conservative newspaper.)
The district attorney said something which might well be taken to heart elsewhere than Spain, with reference to the criminal complaint filed by the Muslim student: He reminded all that “penal jurisdiction is something more serious and its utilization cannot be at the whim of anybody”. In fact, in another part of his declaration, the district attorney characterizes the actions of the student as “abusive, sectarian, whimsical, and unacceptable”.
I’ve updated the post title accordingly.