IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Crl.MC.No. 769 of 2010() ------------------------ CRIME NO.713/2009 OF NEMOM POLICE STATION ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT – 1, NEYYANTTINKARA PETITIONER/ACCUSED: ---------------------- ROOPAK , S/O.CHANDRAN, AMBALLOOR MELE PLAVILA, NEAR KAZHAKUTTOM ZAINIK SCHOOL,KAZHAKUTTOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENTS/ COMPLAINANTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MURUGAPPAN ASSAN, S/O.SHANMUGAN ASSAN, MELETHAVILA VEEDU, PONNUMANGALATHU, UPANIYOOR DESOM, NEMOM VILLAGE, THIRUVANANTHAPURAM. ADV. SRI.S.K.VINOD PUBLIC PROSECUTOR: SRI C M NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.769 of 2010 -------------------------------------- Dated this the 10th day of June, 2010 ORDER Petitioner who is the sole accused in Crime No.713 of 2009 of Nemom Police Station for offences punishable under Sections 366(A) & 376 I.P.C. seeks to quash Annexure-A, FIR. 2. According to the petitioner, the matter has been subsequently settled and the petitioner has agreed to marry the victim on her attaining age of 18 years and in the light of the settlement, FIR has to be quashed. Since the offences are not compoundable offences and the dispute between the parties is not a purely money dispute, it may not be possible for this Court to press into service the decision Madan Mohan Abbot Vs. State of Punjab (2008(3)KLT 19) and quash the FIR. The petitioner and the victim may jointly report the settlement to the investigating officer. If inspite of that, a final report is filed charge sheeting the petitioner, the petitioner may challenge the final report by moving the Court, in case grounds exists to do so. Reserving the above right of the petitioner, this Criminal M.C. is disposed of. V.RAMKUMAR, JUDGE skj