IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 2811 of 2010() ------------------------- (CRIME NO.126/2010 OF TIRUR POLICE STATION) PETITIONER(S): --------------- SATHAR S/O.ALI, AGED 33YEARS, PUTHIYAPARAMBIL HOUSE, ODATHODE,CHOONDAYIL P.O., WAYANAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. PRIYA P.RENNY, D/O.RENNY, AGED 23 YEARS PUTHENPARAMBIL HOUSE MEPADI, KODAPADY, WAYANAD DISTRICT. 2. STATE OF KERALA, REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP.S.I.OF POLICE, TIRUR POLICE STATION IN CRIME NO.126/10 PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2811 of 2010 ---------------------------------- Dated this the 28th day of July, 2010 ORDER Petitioner, who is the accused in Crime No.126 of 2010 of Tirur Police Station for an offence punishable under Section 376 I.P.C., seeks to quash Annexure A1 F.I.R and all further proceedings on the ground that the matter has since been settled between the prosecutrix and the petitioner. 2. It is too early for this Court, in a petition under Section 482 Cr.P.C, to consider whether the case against the petitioner is prima facie false and that FIR is liable to be quashed and investigation is liable to be stayed. In case the Police, after investigation, files a final report charge-sheeting the petitioner and in case grounds exist to assail the charge sheet, the petitioner may work out his remedies by moving the appropriate court. Crl.M.C.No.2811/2010 : 2 : 3. It is open to the de facto complainant to give a statement to the investigating officer to the effect that the matter has been settled and she has no subsisting grievance in the matter. This Crl.M.C is disposed of directing the Police not to unnecessarily harass the petitioner during investigation. Dated this the 28th day of July, 2010. V.RAMKUMAR, JUDGE skj