IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Crl.MC.No. 1278 of 2010() ------------------------- FIR.115/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): -------------------------- REMSMON, S/O. FASARUDEEN, T.C.NO.35/756, ALI MANZIL, NEAR N S DEPOE, VALLAKKADAVU WARD, THIRUVANANTHAPURAM. BY ADV. SRI.P.BABU KUMAR SRI.P.YADHU KUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SADIQ, AGED 29 YEARS, S/O. JAFFER, T.C.NO.35/852, SADIQ MANZIL, VALLAKKADAVU WARD,THIRUVANANTHAPURAM. ADV. SRI.T.N.SUKUMARAN FOR R2 PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No.1278 of 2010 = = = = = = = = = = = = = = = Dated: 15.06.2010 ORDER Petitioner, who is the accused in Crime No.115 of 2010 of Valiyathura Police Station for offences punishable under Sections 294(b), 323 & 324 read with 34 IPC, seeks to quash the FIR and all further proceedings on the ground that the matter has since been settled between the de facto complainant/injured and the petitioner as evidenced by Annexure A1. 2. Since the offence punishable under Sections 294(b) and 324 IPC are non compoundable offences and also since the dispute involved is not a money dispute so as to apply the ratio in Madan Mohan Abbot v.State of Punjab (2008(3) KLT 19), I am not prepared to accept the so called settlement and quash the FIR. The parties may submit a joint report before the officer- in-charge of the investigation of the above case. If in spite of such report the petitioner is charge sheeted by the Police, he can approach the appropriate forum, assailing the final report, if grounds to do so exist. This Crl.M.C is disposed of as above. Dated this the 15th day of June , 2010 V. RAMKUMAR, (JUDGE) sj