IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.MC.No. 2376 of 2010() ------------------------- AGAINST L.P.C.NO.136/2009 IN CP.287/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S) (ACCUSED): -------------------------------- PREMARAJAN @ PREMAN AGED 28 YEARS,S/O.KUNHIRAMAN NAIR, MULLACHERI VEEDU,MUNNAD VILLAGE,D.P.ViII-265, (VIA)CHENGALA, KASARAGOD DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.KODOTH PUSHPARAJAN SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU .P. NAIR RESPONDENT(S) (COMPLAINANT): ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2376 of 2010 -------------------------------------- Dated this the 2nd day of July, 2010 ORDER Petitioner, who is the sole accused in Crime No.55/2005, Bedakam Police Station for offences punishable under Sections 376 and 417 IPC and now pending before the J.F.C.M Court, Kasaragod as L.P.C.No.136/09 consequent on his non appearance in C.P.No.287/08, seeks to quash Annexure A FIR and Annexure B final report and all further proceedings before the Magistrate. 2. According to the petitioner, the matter has been settled between the de facto complainant and the petitioner. Settlement of a non compoundable offence cannot be a ground for quashing the FIR and the final report by applying the ratio in Madan Mohan Abbot v. State of Punjab 2003 (3) KLT (19) SC and related cases. The remedy of the petitioner is to surrender before the Magistrate and apply for regular bail and also for Crl.M.C. No.2376 of 2010 : 2 : discharge at the appropriate stage. Accordingly, the petitioner is permitted to surrender before the J.F.C.M Court, Kasaragod within two weeks from today and file an application for regular bail which shall be heard and disposed of favourably on the same date on which it is filed. He is also permitted to file a petition for discharge highlighting the fact that the matter has been settled between the victim and the petitioner. V.RAMKUMAR, JUDGE dmb