IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2167 of 2010() --------------------- CRIME NO. 69/2000 OF KILIMANOOR POLICE STATION PETITIONER(S): --------------- SEEMA, AGED 29, D/O.SARALABHAI, SREENILAYAM HOUSE, KODUVAZHANOOR. BY ADV. SRI. A.RIYAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S.I. OF POLICE, KILIMANOOR POLICE STATION, TRIVANDRUM. 3. SONEY, AGED 29 YEARS, D/O.SAROJAM, MUROORKONA, PUTHEN VEEDU, MUDAKKAL MUROORKONAM, TVM. ADV. SRI.M.ZIYAD FOR R3 PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 2167 of 2010 * * * * * * * * * * * * * * * * * * Dated: 18th day of June, 2010 ORDER Petitioner who is the sole accused in Crime No. 69 of 2000 of Kilimanoor Police Station for offences punishable under Sections 341, 294(b), 323, 354 and 379 read with Sec. 34 I.P.C. seeks to quash the F.I.R. and all further proceedings on the ground that the matter has been settled between the de facto complainant and the petitioner. Since the offence punishable under Section 294 (b) I.P.C. is a non-compoundable offence the power under 482 Cr.P.C. cannot be invoked to quash the F.I.R. by pressing into service in 2008 (4) SCC 582 – Madan Mohan Abbot v. State of Punjab and related decisions wherein the disputes involved were purely money disputes. The petitioner and the de facto complainant may, therefore, send a joint report to the Investigating officer regarding the alleged settlement. If inspite of that , the petitioner is charge-sheeted by the police, she may assail the final report in appropriate proceedings, if grounds to do so exist. Reserving the said right of the petitioner, this Crl.M.C. is dismissed. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge ani.