IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Crl.MC.No. 1374 of 2011() ------------------------------------ CP.103/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD CRIME NO.234/2010 OF PANGODU POLICE STATION. .................... PETITIONER(S): ACCUSED --------------------------------------- BINU, S/O CHANDRA BABU, CHARUVILA PUTHEN VEEDU, P.P.NO.18/315, THANNIYAM, ANAKUDI MURI, PANGODE VILLAGE. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): STATE & DEFACTO COMPLAINANT ----------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. ATHIRA, D/O SASIKALA, THANNIYAM KIZHAKKUMKARA PUTHENVEETTIL, ANAMKURI MURI, KALLARA VILLAGE. R1 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN R2 BY ADV. SRI.R.T.PRADEEP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P. Q. BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 1374 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 17th day of May, 2011 O R D E R This is a petition filed by the sole accused in Crime No.234/2010 of Pangod Police Station, Thiruvananthapruam, which is now pending as C.P.No.103 of 2010 before the Judicial Magistrate of the First Class-II, Nedumangad, to quash Annexure-I final report/charge sheet and all further proceedings in the said C.P., as the matter has been settled between the parties. 2. The allegation against the petitioner is that on April 8, 2010 at 3.30 p.m. he trespassed into the house of the de facto complainant, the second respondent herein, and committed rape on her and thereby committed offences punishable under sections 450 and 376 IPC. The police has filed final report before the committal court i.e., Judicial Magistrate of the First Class-II, Nedumangad and the same is pending. 3. It is stated in the petition that the matter has been CRMC 1374/2011 2 settled between the de facto complainant and an affidavit to that effect is produced as Annexure-III. It is also stated that the petitioner is undergoing training as a Constable in C.R.P.F. and that therefore Annexure-I final report/charge sheet and all further proceedings in the C.P. may be quashed. 4. Notice given to the P.P. Adv. Sri R.T. Pradeep appears for the second respondent/de facto complainant. He has also submitted that the matter has been settled between the parties. 5. The offences alleged against the petitioner under sections 450 and 376 IPC are non-compoundable offences. The Apex Court has held in B.S. Joshi V. State of Haryana (2003(2) KLT 1062 (SC)) that though the offences alleged against the petitioner were non-compoundable and if the parties had settled the matter and it was not in the interest of justice to continue the prosecution, the entire proceedings can be quashed, exercising the powers under section 482 of Cr.P.C. The principles laid down in the above CRMC 1374/2011 3 decision are followed by this Court in Biju Eappen V. State of Kerala (2010(1) KLT 289). Therefore, in the light of the principles laid down in the above decisions, and as the matter has been settled between the parties and as it is not in the interest of justice to continue the prosecution, I am of the view that Annexure-I final report/charge sheet has to be quashed. 6. In the result, this petition is allowed. Annexure-I final report/charge sheet in Crime No.234/2010 of the Pangodu Police Station, Thiruvananthapuram and all further proceedings in C.P. No.103/2010 before the Judicial Magistrate of the First Class-II, Nedumangad are hereby quashed. P.Q.BARKATH ALI, JUDGE . mn.