IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 1253 of 2010() --------------------- CRIME NO.257/2009 OF KULATHUR POLICE STATION ------------------------- PETITIONER(S): ACCUSED: ----------------------- SALIM @ ABUSALIH, S/O.SAIDALAVI, AGED 23 YEARS, PADALAKUNNUMMAL HOUSE, PUZHAKATTIRI, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE OF KERALA THROUGH POLICE INSPECTOR KULATHOOR REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAVEENDRAN, S/O.THANKAPPAN, NIRAKKALPARA HOUSE, P.O.CHERAKKAPARAMBA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. ADV. SRI.PRINSUN PHILIP FOR R2 PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1253 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 ORDER Petitioner, who is the sole accused in Crime No.257/2009 of Kulathur Police Station for an offence punishable under Section 436 IPC, seeks to quash Annexure 1 FIR and all further proceedings. The case is still in the crime stage. 2. The de facto complainant and the petitioner appear to have settled the matter as evidenced by Annexure II affidavit. The offence punishable under Section 436 IPC is not compoundable. Therefore, the petitioner as well as the de facto complainant may jointly move the Investigating Officer reporting the alleged settlement. If, in spite of that the Investigating officer files a final report charge sheeting the petitioner he shall be entitled to assail the final report by initiating appropriate proceedings, if grounds to do so exist. Reserving the above right of the petitioner, this Criminal M.C is dismissed. The Registry shall return Annexure II original affidavit on request, after substituting the same with a photocopy. V.RAMKUMAR, JUDGE dmb