IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Crl.MC.No. 1952 of 2010() ------------------------- CRIME NO.705/2010 OF KOTTAYAM WEST POLICE STATION PETITIONER(S): ACCUSED 1-3 1. SANTHOSH JOSEPH, S/O.JOSEPH, AGED 38 YEARS, NJALLATHUVAYALIL HOUSE, KANJIRAPPALLY VILLAGE, THAMBALAKKATTU KARA, ANAKKALLU BHAGOM, KOTTAYAM DISTRICT. 2. SUNIL P.JOHN, AGED 30 YEARS, S/O.JOHN, VAYATTITHARA HOUSE, KANGHAZHA VILLAGE, KANJIRAPPARA KARA, KOTTAYAM. 3. SEBASTIAN, AGED 21 YEARS, S/O.DEVASSIA, POONKAVANATHIL HOUSE, CHENNITHALA VILLAGE, CHERUKOL KARA, PARAKKADAVU BHAGOM. BY ADV. SRI.RAJAGOPAL PADIPPURACKAL RESPONDENT(S): STATE-COMPLAINANT/DEFACTO COMPLAINANT&INJURED 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MANOJ GOPALAN, AGED 33 YEARS, S/O.GOPALA PILLAI, RAMAKRISHNA HOUSE, POOTHAKULAM VILLAGE, POOTHAKULAM KARA, KALAYODU BHAGOM, KOLLAM DISTRICT. 3. SHINE, STAFF, ORCHID RESIDENCY HOTEL NEAR OLD POLICE STATION, KOTTAYAM. 4. SUJITH, STAFF, ORCHID RESIDENCY HOTEL, NEAR OLD POLICE STATION, KOTTAYAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1952 of 2010 = = = = = = = = = = = = = = Dated this the th day of June, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No.705 of 2010 of Kottayam West Police Station for offences punishable under Sections 294(b), 323, 324 & 427 read with 34 IPC seek to quash Annexure II FIR and all further proceedings on the allegation that the matter has been settled between the injured and the petitioners. 2. Proceedings cannot be quashed under Section 482 Cr.P.C in a case involving non-compoundable offences as well. This is not a money dispute so as to apply the ratio in Madan Mohan Abbot v. State of Punjab (2008(4) SCC 582) and related decisions. The petitioners and the injured may submit a report to the investigating officer about the subsequent settlement and in spite of the said report if the petitioners are charge-sheeted by the Police they can assail the charge-sheet, if valid grounds to do so exist. Reserving the above right, this Crl.M.C. is disposed of. Dated this the 4th day of June, 2010. V. RAMKUMAR, JUDGE sj