IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Crl.MC.No. 498 of 2008() ------------------------ CRIME NO.313/2007 OF TRIKKAKARA POLICE STATION PETITIONER: ACCUSED: --------------------------------------- MOHAMMED, S/O. KUNHALI, KUZHIYENGAL HOUSE, MAKARAPARAMB, MALAPPURAM DIST. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: STATE AND ANOTHER: --------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, THRIKKAKARA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. UMMUKULUSU, W/O. MOHAMMED, KUZHIYENGAL HOUSE, MAKKARA PARAMBA, MALAPPURAM DISTRICT. BY ADV. SRI.P.M. AMMU FOR R2 PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.498 of 2008 = = = = = = = = = = = = = = Dated this the 20th day of February, 2008 ORDER The petitioner, who is the accused in Crime No.313/2007 of Trikkakara Police Station, originally registered as Crime No.447 of 2007 of Tirur Police Station for an offence punishable under Section 376 IPC, seeks to quash Annexure A3- FIR on the ground that the petitioner was cohabiting with the alleged victim as man and wife and that subsequent to the alleged occurrence he married her and they have settled the dispute between them. 2. Even though, going by the averment in the FIR, the same cannot be quashed, the officer in charge of the investigation of the above crime shall take into consideration the so called settlement arrived at between the petitioner and the de facto complainant, particularly since the de facto complainant has entered appearance through counsel and has supported the petitioner before this Court. In the event of the petitioner being charge sheeted by the Police for the aforesaid offences, the petitioner can plead for a discharge as and when the case is committed to the court of Sessions. V. RAMKUMAR, JUDGE sj