IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Crl.MC.No. 3547 of 2010() ----------------------------------- CRIME NO.166/2010 OF VENGARA POLICE STATION. .......... PETITIONER(S): ----------------------- 1. RUQIA, AGED 41 YEARS W/O.ABDUL KAREEM, KUNTHALA VEEDU, KANNAMANGALAM AMSOM, ACHARAMBALAM DESOM, MALAPPURAM DISTRICT 2. HARIFA, AGED 18 YEARS D/O.ABDUL KAREEM, KUNTHALA VEEDU, KANNAMANGALAM AMSOM, ACHARAMBALAM DESOM, MALAPPURAM DISTRICT BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): ------------------------- 1. S.I.OF POLICE VENGARA, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 2. JAFER @ KUNHIMON, AGED 28 YEARS S/O.MAYINKUTTY HAJEE KOYISSAN VEEDU, KANNAMANGALAM AMSOM THEENDEKKATTU, BADARIYA NAGAR,PIN 679 543 MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3547 OF 2010 --------------------------------------------- Dated 28th September, 2010 O R D E R Petitioners are respectively the de facto complainant and the alleged victim and second respondent is the accused in Crime No.166/2010 of Vengara Police Station registered under Annexure-A FIR. Annexure-A FIR was registered for the offence under Section 376 of Indian Penal Code on the first information furnished by the first petitioner, the mother of the second petitioner, the prosecutrix. As seen from Annexure-A, the allegation is that on the evening of 3/7/2010, second petitioner was taken by the second respondent in jeep No.KL-10/B.723 and first petitioner found the same, and alleged that without the consent or permission of the second Crmc 3547/10 2 petitioner, second respondent committed rape on her. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire dispute with the petitioners and second respondent were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Petitioners would contend that the second petitioner has stated the true facts in Annexure-B affidavit filed before Sessions Court, Manjeri and it is re-iterated in Annexure-D affidavit and accepting the statement of the second petitioner, learned Sessions Judge granted bail to second respondent by Annexure-C order and in the light of the settlement, the case is to be quashed. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were Crmc 3547/10 3 heard. 3. Annexure-D copy of the affidavit filed by the second petitioner before Sessions Court, Manjeri on 12/7/2010 shows that as the first petitioner mother had seen her daughter, the second petitioner travelling with the second respondent in a jeep, mother had filed a complaint, based on which second respondent was arrested by the police and she was unaware of the complaint filed by first petitioner and second respondent has not committed any rape on her and she had only travelled with the second respondent. In Annexure-D also same facts were stated by the second respondent. The incident as seen from Annexure-A occurred on 3/7/2010 and Annexure-B was filed on 12/7/2010. Annexure-C order of the learned Sessions Judge establishes that after perusing the case diary, learned Sessions Judge granted bail to the Crmc 3547/10 4 second respondent on 25/7/2010. 4. From the affidavit filed by the second petitioner before the Sessions Court, as well as before this Court and the fact that second petitioner along with first petitioner de facto complainant mother filed this petition to quash the proceedings it is clear that it is not in the interest of justice to continue the prosecution, as no purpose will be served by continuing the investigation in the light of the settlement. Petition is allowed. Annexure-A FIR in Crime No.166/2010 of Vengara Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.