IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Crl.MC.No. 3462 of 2011() ------------------------------------ FIR NO.211/2011 OF VAZHAKKAD POLICE STATION. .... PETITIONER(S): ----------------------- RASIYA KALLIKOL, 40 YEARS, D/O.MADAVAN POKKER HAJI, KALLIKOL HOUSE, PERUVALLOOR.P.O., TIRURANGADI TALUK, MALAPPURAM. PIN-673 638. BY ADV. SRI.MANJERI SUNDERRAJ RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, (CRIME FIR NO.211/2011 JFCM COURT, MALAPPURAM). 2. MOHAMMED ALI, 50 YEARS, S/O.UNNIMOYI, EDATHODI HOUSE, VAZHAKKAD.P.O., MALAPPURAM. PIN-673 640. 3. AHMED KUTTY, 37 YEARS, S/O.ABDU, KUTTIYOTTU HOUSE, VAZHAKKAD.P.O., MALAPPURAM. PIN-673 640. 4. JAFFER,37 YEARS, S/O.MARIAM, EDATHODYPURAYA, VAZHAKKAD.P.O., MALAPPURAM. PIN-673 640. 5. MOHAMMED ALI.K.E., 48 YEARS, S/O.MOHAMMED, KUTTITHODI, EDATHODY HOUSE, VAZHAKKAD.P.O., MALAPPURAM. PIN-673 640. 6. USMAN, 45 YEARS, CHEENAKUZHI HOUSE, VAZHAKKAD.P.O., MALAPPURAM. PIN-673 640. R1 BY PUBLI PROSECUTOR SMT.K.REMA. R2 – R6 BY ADV. SRI.M.PROMODH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3462/2011 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE 1- TRUE COPY OF FIR NO.211/2011 DATED 05/07/2011 OF VAZHAKKAD POLICE STATION. ANNEXURE 2- TRUE COPY OF FIS(CMP 3398/2011) DATED 04/07/2011 IN CRIME 211/2011. ANNEXURE 3- TRUE COPY OF MARRIAGE CERTIFICATE OF THE PETITIONER AND 2ND RESPONDENT ISSUED BY MUDAKKIYIL JUMUATH MAHAL COMMITTEE. ANNEXURE 4- OFFICIAL MEMO DATED 25/07/2011 OF THE JFCM COURT, MALAPPURAM REGARDING RELEASE OF ACCUSED ON BAIL IN CRIME FIR NO.211/2011. ANNEXURE 5- ORIGINAL AGREEMENT OF SETTLEMENT BETWEEN THE PETITIONER AND 2ND RESPONDENT. ANNEXURE 6- LETTER OF COMMUNICATION IN RE DIVORCE BETWEEN PETITIONER AND 2ND RESPONDENT ISSUED TO MUDAKKIYIL JUMUATH MOSQUE MAHAL COMMITTEE. ANNEXURE 7- LETTER OF COMMUNICATION IN RE DIVORCE BETWEEN PETITIONER AND 2ND RESPONDENT ISSUED TO VAZHAKKAD JUMA MASJID MAHALCOMMITTEE. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3462 of 2011 ---------------------------------------------------- Dated this the 18th day of October, 2011 Order The petitioner is stated to be the defacto complainant in Crime No.211 of 2011 of Vazhakkad Police Station, Malappuram District. Respondents 2 to 6 are accused in that crime. The offences alleged against him are under Sections 108, 354, 365, 366, 376, 377, 498A and 506(ii) read with 34 IPC. It is submitted by the learned counsel for the petitioner and the counsel for the accused that the matter was settled between the parties and hence they request that further proceedings in the aforesaid crime may be quashed. An agreement has also been produced to show that the parties have settled the matter. 2. It is important to note that the offences alleged against the accused are under Sections 376 and 377 IPC also. The offences under Sections 376 and 377 IPC are not purely personal. It is opposed to public policy and is also offensive to morality. Now it is only at the crime stage. The investigating officer may be going into the correctness of the allegations made in the Crl.M.C.3462/11 2 complaint/FIR and all other matters while filing the final report before the learned Magistrate. At this stage it is not proper to interfere with the investigation. Hence, this Crl.M.C. is disposed of subject to the observations made above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3462/11 3