IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1742 of 2010() ------------------------- C.P.NO.16/2008 IN CRIME NO.33/2006 OF KALAMASSERY POLICE STATION ON THE FILE OF JFCM-I, ALUVA PETITIONER(S): 1ST ACCUSED -------------------------- ABDUL MANAF, AGED 30 YEARS, S/O. ABDULVAHID, ARISASSERI HOUSE,NADAKKAVU BHAGOM, CHEMPARAKKI KARA,VAZHKKULAM VILLAGE, NOW RESIDING AT RENTED HOUSE OF SAJEEV,SARANNIA NIVAS, POISHA ROAD, EDAPPILLY NORTH VILLAGE. BY ADV. SRI.C.D.JOHNY RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BASHEER, S/O. NINA, MANCHERY HOUSE, NEAR NO.II IRRIGATION PUMP HOUSE, VAYALKKARA, KUNNUKARA VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT. ADV. SRI.N.SASI FOR R2 PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1742 of 2010 = = = = = = = = = = = = = = Dated this the 21 st day of May, 2010 ORDER Petitioner, who is the 1st accused in Crime No.33 of 2006 of Kalamassery Police Station and now pending as C.P.No.16 of 2008 before the J.F.C.M-II, Aluva for offences punishable under Sections 341,323 and 308 read with 34 IPC seeks to quash all further proceedings in the above case on the allegation that the matter has been settled between him and the de facto complainant. 2. Proceedings cannot be quashed under Section 482 Cr.P.C in a case involving non-compoundable offences such as Section 308 IPC. This is not a money dispute so as to apply the ratio in Madan Mohan Abbot v. State of Punjab (2008(4) SCC 582) and related decisions. The remedy of the petitioner is to plead for a discharge when the matter comes before the Court of Session, after committal. Hence, without prejudice to the right of the petitioner to plead for a discharge before the Court of Session, after committal of the case, this Crl.M.C. is dismissed. Dated this the 21 st day of May, 2010. V. RAMKUMAR, JUDGE sj