IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 591 of 2009(E) ------------------------------------ (CRIME NO. 308/2005 OF THE KILIMANOOR POLICE STATION) ......... PETITIONERS/ ACCUSED: ------------------------------------- 1. MOHAMMED SHAHEED, S/O.MR. ABDUL KHASIM, AGED 52 YEARS, RAHIYA MANZIL, PANGATHODE, THATTATHUMALA.P.O, KILIMANOOR, THIRUVANANTHAPURAM. 2. SHAMEER, S/O. MOHAMMED SHAHEED, AGED 21 YEARS, RAHIYA MANZIL, PANGATHODU, THATTATHUMALA.P.O, KILIMANOOR, THIRUVANANTHAPURAM. BY ADVS. MR.R.MANOJ, MR.P.RAVEENDRAN PILLAI. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PRASANNAKUMAR, RESIDING AT PRASANNALAYAM, PONGATHADAM, THATTAMAL.P.O, KILIMANOOR, THIRUVANANTHAPURAM. 3. SUNILKUMAR, R.S. BHAVAN, PONGATHADAM, THATTAMAL.P.O, KILIMANOOR, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, KILIMANOOR. R1 & R4 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. =================== Crl.M.C. No. 591 of 2009-F =================== Dated this the 9th day of June, 2009. O R D E R Petitioners are accused in Crime No.308/2005 of Kilimanoor Police Station. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure A1 FIR contending that the dispute with respondents 2 and 3, the injured is settled under Annexure A2 compromise. 2. Learned Counsel appearing for petitioners and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that final report in Crime No.308/2005 of Kilimanoor Police Station was filed on 17-8-2006 itself and as per the final report the offences include an offence under Section 308 of Indian Penal Code also. In the light of the decision of the Apex Crl.M.C.No.591/2009-F -2- Court in Manoj Sharma v. State (2008 (4) KLT 417 SC) an offence under Section 308 of Indian Penal Code cannot be quashed under Section 482 of Code of Criminal Procedure based on subsequent settlement of the dispute. Petition is therefore dismissed. Petitioner is at liberty to appear before the Court and seek expeditious disposal of the case. M.SASIDHARAN NAMBIAR JUDGE dkr