IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2164 of 2010() ---------------------- CRIME NO. 72 OF 2010 OF KILIMANOOR POLICE STATION PETITIONER(S): ----------- 1. SAROJAM, AGED 55 YEARS, MUROORKONAM PUTHEN VEEDU, MUDAKKAL, MUROORKONAM. 2. SONEY, AGED 29 YEARS, D/O. SAROJAM, MUROORKONAM PUTHEN VEEDU, MUDAKKAL, MUROORKONAM. BY ADV. SRI.M.ZIYAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM. 3. SEEMA, AGED 29 YEARS, D/O. SARALABHAI, SREENILAYAM HOUSE, KODUVAZHANOOR. ADV. SRI.A.RIYAD FOR R3 PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 2164 of 2010 * * * * * * * * * * * * * * * * * * Dated: 18th day of June, 2010 ORDER Petitioners who are ccused Nos. 1 and 2 in Crime No. 72 of 2010 of Kilimanoor Police Station for offences punishable under Sections 451, 323, 324, 427 and 379 read with Sec. 34 I.P.C. seek to quash Annexure – I F.I.R. and all further proceedings . The matter is still in the crime stage and this case is the counter case of Crime No. 69/2000 which is the subject matter of Crl.M.C. No. 2167 of 2010. It is alleged that the parties have settled the matter. Since the offence punishable;e under Sec. 324 I.P.C. is not a compoundable offence the power under 482 Cr.P.C. cannot be invoked to quash the F.I.R. by pressing into service in 2008 (4) SCC 582 – Madan Mohan Abbot v. State of Punjab and related decisions wherein the disputes involved were purely money disputes. The petitioner and the de facto complainant may, therefore, send a joint report to the Investigating officer regarding the alleged settlement. If in spite of that , the petitioners are charge-sheeted by the police, they may assail the final report in appropriate proceedings, if grounds to do so exist. Reserving the said right of the petitioners, this Crl.M.C. is dismissed. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge ani.