IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE [ENTITY] TUESDAY, THE 2[SECTION]TH DAY OF APRIL 2012/[SECTION]TH VAISAKHA 193[SECTION] [CASE NUMBER] () [CASE NUMBER] OF AMBALAVAYAL POLICE STATION. PETITIONERS/ACCUSED: 1. ASHRAF, S/O.HASSAN, PUTHUPPARAMBIL HOUSE, AMBALAVAYAL, MANKOMBU. 2. ABHILASH THOMAS, SAHAKAR NAGAR, OPP: GREEN COUNTRY PUBLIC SCHOOL, INTERNATIONAL AIRPORT ROAD, HEBBAL P.O., BANGALORE-560 092. BY ADVS. SRI.T.K.VIPINDAS, SMT.P.K.PRIYA. RESPONDENTS/STATE: 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, AMBALAVAYAL POLICE STATION - 673 15[SECTION]. 2. SIVAN, AGED 29 YEARS, S/O.VELU, KARUVANAKKAD HOUSE, VIKAS COLONY, AMBALAVAYAL AMSOM, SULTHAN BATHERY TALUK, WAYANAD DISTRICT - 673 12[SECTION]. R1 BY PUBLIC PROSECUTOR MR.ABDUL SALAM. R2 BY ADV. SRI.A.L.GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 2[SECTION]-0[SECTION]-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. [CASE NUMBER] APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1 TRUE COPY OF THE FIR IN [CASE NUMBER] OF AMBALAVAYAL POLICE STATION. ANNEXURE 2 THE TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 02/0[SECTION]/2012. ANNEXURE 3 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRMC.[SECTION][SECTION]73/2011 DATED 23/12/2011. ANNEXURE [SECTION] TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRMC.[SECTION][SECTION]79/2011 DATED 23/12/2011. RESPONDENT'S ANNEXURES:- NIL. TRUE COPY P.A. TO JUDGE rs. [ENTITY], J. [CASE NUMBER] Dated this the 2[SECTION]th day of April, 2012 O R D E R
This petition is filed under [SECTION] of the [ACT] for quashing Annexure-1 First Information Report in Crime No. 203/2011 of Ambalavayal Police Station. This is a case involving allegation of offences under [SECTION] and [SECTION] of the [ACT] and [SECTION] of the [ACT].
2. The second respondent/de facto complainant has filed an affidavit stating that the matter has been settled between the parties.
3. Though the offences are not compoundable, in view of the judgments of the Supreme Court in [PRECEDENT], [PRECEDENT] and Manoj Sharma v. State [2008([SECTION]) KLT [SECTION]17], it seems that there is no reason to proceed with the investigation of the above crime. As matters stand settled especially in view of the fact that the de facto complainant does not intend to proceed with the case, there is no reason to proceed with the F.I.R registered in the case. Hence the principles adopted in the above judgment can be applied to the facts of the case also.
[SECTION]. In the above circumstances, Annexure-I First Information Report and all further proceedings against the petitioner are quashed.
Crl.M.C is disposed of as above.
([ENTITY], JUDGE) ms