IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Crl.MC.No. 3477 of 2009 ---------------------------------- (CRIME NO. 463/2009 OF THE TALIPARAMBA POLICE STATION) ......... PETITIONER/ACCUSED: ---------------------------------- K.V.MUHAMMED SHAFI, S/O.KANNAN, AGED 42 YEARS, NEAR SREEKANDAPURAM POLICE STATION, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. MR.P.BABU. RESPONDENTS/DEFACTO-COMPLAINANT: -------------------------------------------------------------- 1. CHAPPAN THOTTATHIL SUHARA, D/O.ABOOBACKER, AGED 32 YEARS, RESIDING AT CHAPPEN THOTTATHIL HOUSE, ELAMBERAMPARA, THALIPARAMBA TALUK, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. K.J. MUHAMMED ANSAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3477 OF 2009 ------------------------------------------ Dated 11th November 2009 O R D E R Petitioner is the accused in crime No.463/2009 of Taliparamba police station registered under Annexure-AI FIR for the offences under Sections 313, 315, 376, 420 and 506(ii) of Indian Penal Code based on a private complaint filed by the first respondent and sent for investigation under Section 156(3) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled between the petitioner and first respondent and in view of the settlement invoking the principles in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), the case is to be quashed. 2. First respondent appeared through a counsel and filed Annexure-AIII affidavit to the effect that consequent to the amicable settlement of the disputes between the petitioner and first respondent out of court and entering into Crmc 3477/09 2 Annexure-AII agreement, first respondent does not intend to continue the case and therefore, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner and first respondent and learned Public Prosecutor were heard. 4. Learned Public Prosecutor submitted that after investigation, offences under Sections 313 and 315 were deleted and final report has already been submitted for the offences under Sections 376, 420 and 506(ii) of Indian Penal Code. 5. True, affidavit filed by the first respondent with Annexure-AII agreement shows that there was a settlement between the petitioner and first respondent. Question is whether based on the settlement an offence of the nature alleged in this case is to be quashed invoking the extra ordinary powers of this court under Section 482 of Code of Criminal Procedure. Offence under Section 376 is not mere offence committed personally against first respondent. It is an offence against the very society. If this court is to accept, the settlement arrived at between the accused and prosecutrix and quash the proceedings, it may lead to a Crmc 3477/09 3 situation where prosecutrix will be compelled to agree for a settlement which is not conducive for administration of justice. It would be adding insult to the injury. Considering the nature of the offences, it cannot be quashed as sought for, based on the settlement. Question whether consequent to the settlement first respondent will depose against the petitioner at the time of trial and in that case whether conviction is possible or not, are not to be considered in this petition. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.