IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1745 of 2010() ------------------------- CRIME NO.305/2009 OF POTHENCODE POLICE STATION PETITIONER(S): ACCUSED SUDARSANAN NAMBOOTHIRI @ ANANTHAKRISHNAN S/O.SREENIVASAN NAMBOOTHIRI, AGED 32 YEARS, RESIDING AT SARADALAYAM (SHANTHI NILAYAM) THEMBAMUTTOM, ATHIYANNOOR VILLAGE,NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 2. CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTOM, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, POTHENCODE, THIRUVANANTHAPURAM. 4. SREEKANTHAN NAIR S/O. SUKUMARAN NAIR AGED 51 YEARS, RESIDING AT CHAMAVILA VEEDU, PANIMOOLA WARD, ANDOORKONAM,THIRUVANANTHAPURAM. 5. CHITHRA S.NAIR, W/O. SUDARSANAN NAMBOOTHIRI, AGED 20 YEARS, RESIDING AT SARADALAYAM (SHANTHI NILAYAM),THEMBAMUTTOM, ATHIYANNOOR VILLAGE, NEYYATINKARA TALUK, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1745 of 2010 = = = = = = = = = = = = = = Dated this the 21 st day of May, 2010 ORDER The petitioner who is the accused in Crime No.305 of 2009 of Pothencode Police Station for offences punishable under Sections 376 and 493 IPC seeks to quash the FIR and all further proceedings on the ground that the matter has been settled between him and the alleged victim. 2. The decision in Madan Mohan Abbot v. State of Punjab (2008(4) SCC 582) and related cases rendered by the Apex Court cannot be applied to a case of this nature which is not a purely money dispute. Hence, without prejudice to the right of the petitioner, if so advised to challenge the final report if any filed against him , this Crl.M.C is dismissed. Dated this the 21st day of May, 2010. V. RAMKUMAR, JUDGE sj