IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Crl.MC.No. 4872 of 2008() ------------------------- CRIME NO.794 OF 2008 OF VADANAPPALLY POLICE STATION PETITIONER(S):ACCUSED --------------- SHINU, S/O.ABDUL NAZAR 18 YEARS, THARAPEEDIKAYIL HOUSE PALLINADA, S.N.PURAM, K0DUNGALLUR TALUK. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENT(S): COMPLAINANT --------------- 1. BINDU, D/O.SUBRAN, AGED 32 YEARS EDATHIRINJI VEEDU KAVANCHIRA, KATTOOR. 2. SUB INSPECTOR OF POLICE, VADANAPPALLY. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB SMT.P.A.ANITHA FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4872 of 2008 ------------------------------------- Dated this the 2nd day of January, 2009 ORDER Petitioner, against whom Crime No.794 of 2008 of Vadanappilli Police Station has been registered under Section 115 r/w 306 I.P.C, has come to this Court now with a prayer that the F.I.R registered against him may be quashed invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. In the crime registered the crux of the allegations is that the defacto complainant, ie. the 1st respondent herein, had attempted to commit suicide by consuming sleeping pills. The petitioner allegedly had abetted the commission of the said act. The 1st respondent did not expire. The crime has been registered. Investigation is in progress. 2. At this juncture, the petitioner/accused and the 1st respondent/defacto complainant have come before this Court to apprise this Court of the fact that the dispute between them has been settled and the 1st respondent has compounded the alleged offences committed by him against the 1st respondent herein. The 1st respondent has filed an affidavit to confirm such settlement/composition. Crl.M.C. No.4872 of 2008 2 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor after taking instructions submits that the State has no objection whatsoever against the quashing of the F.I.R registered in Crime No.794 of 2008 of Vadanappilly Police Station, the parties having voluntarily settled their disputes. The learned Public Prosecutor submits that the F.I.R can now be quashed. Reliance is placed on the dictum in Madan Mohan Abbot v. State of Punjab [2008 (3) KLT 19], Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)] and Manoj Sharma v. State [2008 (4) KLT 417 (SC)]. 4. The respondent is represented by his counsel. I have perused the affidavit filed by the 1st respondent. Having considered all the relevant circumstances, I am satisfied that the crime registered against the petitioner can now be quashed. 5. In the result: i) This Crl.M.C is allowed; ii) Crime No.794 of 2008 of Vadanappilly Police Station registered against the petitioner, in which the 1st respondent is the defacto complainant/victim, is hereby quashed. (R.BASANT, JUDGE) rtr/-