IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Crl.MC.No. 4286 of 2011(C) ------------------------- CRIME NO:1020/2011 OF TALIPARAMBA POLICE STATION, KANNUR PETITIONER(S): ACCUSED ---------------------- MOHAMMED SHAMEER M.P., S/O.P.P.ABDUL RAHIM, AGED 26 YEARS, RESIDING AT 'MOTTAMMATAKATH PUTHIYAPURAYIL', JASEELA MANZIL, 7TH MILE, TALIPARAMBA, KANNUR-670141. BY ADVS. SRI.A.K.ABDUL AZEEZ SRI.RENJIT GEORGE RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE S.I.OF POLICE, TALIPARAMBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. RAFSIDHA K., D/O.K.C.MAHAMOOD, AGED 21 YEARS, "KEETTUKANDI HOUSE", MATTOOL AMSOM DESOM, MATTOOL SOUTH, KANNUR DISTRICT-670302. R1 BY PUBLIC PROSECUTOR SMT. JASMINE R2 BY ADV. SRI.P.P.NIYAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4286 of 2011(C) APPENDIX PETITIONERS ANNEXURES A1: COPY OF THE F.I.R. DATED 23.11.2011 IN CR.NO:1020/2011 OF TALIPARAMBA POLICE STATION A2: AGREEMENT OF SETTLEMENT BETWEEN PETITIONER AND 2ND RESPONDENT DATED 7.12.2011 A3: COPY OF THE AFFIDAVIT SWORN AND DULY SIGNED BY THE 2ND RESPONDENT RESPONDENTS ANNEXURES NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4286 OF 2011 (C) ------------------------------------------ Dated this the 15th day of December, 2011 O R D E R The petitioner is the accused in Crime No:1020/2011 of Taliparamba Police Station. The crime was registered under section 376 of IPC and under section 66(e) of I.T. Act. 2. The learned counsel for the petitioner submits that the matter has been settled between the petitioner and the 2nd respondent and so further action in the aforesaid crime may be quashed. This is not a case that can be termed as 'purely personal'. It is a grave offence. It is offensive to morality and is also opposed to public policy and as such investigation in a case registered under the aforesaid section cannot be interfered with. The petitioner can raise all his contentions before the trial Court if or when the charge sheet is filed. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE jjj