IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Crl.MC.No. 2365 of 2009() ------------------------------------ S.C. NO.199/2009 OF FAST TRCK COURT NO.II, KOLLAM ............ PETITIONER/ACCUSED --------------------------------- ANILKUMAR, AGED 35 YEARS, S/O.NEELAKANDAN PILLAI, GOKULAM HOUSE, CHAVARA MURY, KOLLAM DISTRICT. BY ADV. MR.M.L.SURESH KUMAR RESPONDENT/STATE ------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VINEETHA, AGED 24 YEARS, D/O.RADHAMANI, KURUVELIKATTIL HOUSE, CHAVARA VILLAGE, KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2365 of 2009 -------------------------- ORDER Petitioner is the accused in S.C.No.199/2009 on the file of Additional Sessions Court (Fast Track- II), Kollam. Offences alleged are under Sections 366, 376 and 420 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that there was a settlement of the disputes with the second respondent prosecutrix and in such circumstances, in the interest of justice, the case is to be quashed. Second respondent filed an affidavit to the effect that there was a settlement of all the disputes between the petitioner and second respondent. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Though learned counsel appearing for the petitioner submitted that there was a settlement of CRMC 2365/09 2 the disputes with the second respondent, whose marriage has been fixed with another person, the case, involving a serious offence against the prosecturix under Section 376 of Indian Penal Code, cannot be allowed to be quashed. As held by the Apex Court in Manoj Sharma v. State (2008 (4) KLT 417), on the ground of settlement all offences cannot be quashed. Section 376 of Indian Penal Code is, definitely, one among the offences, which cannot be allowed to be quashed by arriving at a settlement with the prosecutrix, as it would give a wrong message to the society. Learned counsel appearing for the petitioner then submitted that there may be a direction to the Sessions Judge to dispose the case expeditiously. Sessions Judge is directed to dispose the case expeditiously. Petition is disposed. 11th August, 2009 (M.Sasidharan Nambiar, Judge) tkv