IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Crl.MC.No. 4208 of 2011() ------------------------- SC.130/2011 of SESSIONS COURT, MANJERI .................... PETITIONER(S): ACCUSED ----------------------------------- MOHAMMED ARSHAD,S/O.HAIDAR, PATTARKADAVATH, UNNIAL,PUTHIYA, KADAPPURAM, TANUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER SRI.SANTHEEP ANKARATH RESPONDENT(S): STATE & COMPLAINANT: ---------------------------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, TANUR POLICE STATION,TANUR 676 302,MALAPPURAM DISTRICT. 2. P.P.SUBAIDA,D/O.ABDULLAKUTTY,POKKUVINTE PURAKKAL,SADDAM BEACH,PARAPPANANGADI 676 303, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4208 of 2011() APPENDIX: PETITIONER'S ANNEXURES: ANNEXURE A1: CERTIFIED COPY OF FIRST INFORMATION REPORT DATED 05.10.2010 IN CRIME No.410/2010 OF TANUR POLICE STATION. ANNEXURE A2: CERTIFIED COPYOF FINAL REPORT DATED 23.11.2010 IN CRIME No.410/2010 OF TANUR POLICE STATION. ANNEXURE A3: CERTIFIED COPY OF MEMORANDUM OF EVIDENCE IN CRIME No.410/2010 OF TANUR POLICE STATION DATED 23.11.2010. ANNEXURE A4: AGREEMENT DATED 3.9.2011 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. ANNEXURE A5: AFFIDAVIT DATED 3.9.2011 OF THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE. P.S. GOPINATHAN,J. --------------------------------------- Crl.M.C. No. 4208 of 2011 ---------------------------------------- Dated this the 9th day of December, 2011 ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in S.C.No. 130/2011 in which the petitioner is the accused. The offences alleged are under Section 420 and 376 of IPC. Now this petition is filed with an allegation that the matter is settled between the prosecutrix and the petitioner. In support of plea of settlement Annexure A4 and A5 are produced. Annexure A4 is the copy of the agreement and Annexure A5 is an affidavit. Though it is stated in the affidavit that the financial transaction between the petitioner and prosecutrix was settled, there is no whisper in the affidavit regarding the offence under Section 376 which is a non compoundable offence. In the above circumstance I find no merit in this Crl.M.C. No. 4208 OF 2011 -2- petition and this petition is accordingly dismissed with liberty to the petitioner to apply for discharge in the event no material is disclosed for framing charge. P.S. GOPINATHAN, JUDGE. Kp/-