IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Crl.MC.No. 4208 of 2010() ------------------------------------ ( CRIME NO. 897/2010 OF KUNNAMKULAM POLICE STATION,THRISSUR DISTRICT) ------------------- PETITIONER(S): ACCUSED -------------------------------------- UNNIKRISHNAN, AGED 50 YEARS, S/O.VELAYUDHAN, VALIYAVALAPPIL, EYYAL VILLAGE, EYYAL P.O., THALAPPILLI TALUK, THRISSUR DISTRICT. BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENT(S): COMPLAINANTS -------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.897/2010 OF KUNNAMKULAM POLICE STATION, THRISSUR). 2. BABU, AGED 44 YEARS, S/O.KUNJI BAPPU, THOPPIL HOUSE, CHITTILANGADU, THALAPPILLY TALUK - 680001. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 BY ADV. SRI.SHAJIN S.HAMEED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4208 OF 2010 =========================== Dated this the 1st day of December,2010 ORDER Petitioner is the accused and second respondent father of the minor de facto complainant in Crime 897/2010 of Kunnamkulam Police Station registered under Annexure 1 First Information for the offences under sections 377, 323 and 506(i) of Indian Penal Code. Petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that the alleged incident was on 29.7.2010 at 2.30 a.m and First Information Statement was furnished only on 31.7.2010 and petitioner was called to Nedumbassery Airport by the second respondent and when taxi fare was demanded, the case has been falsely alleged and in any case due to the intervention of the respectful persons of the Crl.M.C.4208/2010 2 locality entire disputes were settled and Annexure 2 affidavit was sworn to by the de facto complainant in the presence of an Advocate and Notary public on 5.10.2010 that entire disputes were settled and in such circumstances it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and submitted that as sworn to in Annexure 2 affidavit, second respondent has settled all the disputes with the petitioner and de facto complainant has no grievance against the petitioner and in such circumstances, the case is to be quashed. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. The First Information Statement of the victim the son of the second respondent discloses that the allegation is that on the early morning of 29.7.2010 while returning from Nedumbassery Airport Crl.M.C.4208/2010 3 petitioner misbehaved with the son of the second respondent who is aged only 13 years and he touched the private parts of the boy and when the boy got out of the car petitioner followed him and the boy somehow escaped from the spot. 5. Learned counsel appearing for the petitioner pointed out that even if the allegation in Annexure 3 First Information Statement is accepted, an offence under section 377 of Indian Penal Code is not attracted. Learned Public Prosecutor also admitted that on the allegations an offence under section 377 of Indian Penal Code is not attracted. The other offences are only compoundable offences. In such circumstances, it is not in the interest of justice to continue the prosecution when the disputes were amicably settled with the second respondent. Petition is allowed. Crime 897/2010 of Kunnamkulam Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.4208/2010 4 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006