IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4241 of 2010(E) ------------------------------------- [CRIME NO.18/2010 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT] ..................... PETITIONER/ACCUSED: ---------------------------------- NIYAS N.K., AGED 31 YEARS, S/O.KHADER, NALAKATH VEEDU, P.O.CHUNDEL, KUNNAKULAM, THRISSUR DISTRICT. BY ADVS. SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN. RESPONDENTS/STATE AND COMPLAINANT : ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION, KUNNAMANGALAM, KOZHIKODE. 3. THASNI, AGED 22, D/O.ABDUL LATHEEF, PANIKKASSERY VEETTIL, KALATHODU P.O., OLLOOKKARA, THRISSUR. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM, R3 BY ADV. SRI.SEBIN THOMAS. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4241 OF 2010 --------------------------------------------- Dated 13th December, 2010 O R D E R Petitioner, the accused in Crime No.18/2010 of Kunnamangalam Police Station filed this petition under Section 482 of Code of Criminal Procedure to quash the crime registered against him for the offence under Section 376 of Indian Penal Code and Section 67 and 72 of Information Technology Act, contending that entire disputes with the third respondent, prosecutrix has been settled and consequent to the settlement, the case is to be quashed. 2. Second respondent appeared through a counsel and filed a joint petition seeking permission to compound Crmc 4241/10 2 the offence. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Offence under Section 376 of Indian Penal Code is not compoundable. Therefore, permission cannot be granted to compound the offence. Then the question is whether based on the settlement, offence under Section 376 of Indian Penal Code is quashed. 5. If based on the settlement or affidavit filed by the prosecutrix, an offence under Section 376 is to be quashed, possibility of threatening the prosecutrix and procuring settlement cannot be ruled out. It is not conducive for proper administration of criminal justice system. More over, offence under Section 376 of Indian Penal Code is not purely Crmc 4241/10 3 an offence against the prosecutrix, but an offence against the society. In such circumstances, case cannot be quashed as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.