IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Crl.MC.No. 1334 of 2009() -------------------------------------- SC.175/2008 of ADDL. DISTRICT COURT AND SESSIONS COURT (ADHOC III), N.PARAVUR. CRIME NO.212/07 OF CHENGAMANAD POLICE STATION. .................... PETITIONER(S): ACCUSED ---------------------- RADHAKRISHNAN, AGED 42 YEARS, S/O.MANIKYAN, NADUTHARA KARA, KUNNATHUR VILLAGE, ALATHUR TALUK, PALAKKAD, NOW RESIDING AT VETICHAPPATTU HOUSE, POIKKATTUSSERY, NEDUMBASSERY. BY ADV. MR.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): COMPLAINANT & CW1 --------------------------- 1. STATE OF KERALA, (CIRCLE INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION), REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHUBHA, AGED 30 YEARS, D/O.THANKAPPAN, "ARYANIVAS", POIKKATTUSSERY KARA, NEDUMBASSERY VILLAGE, NOW RESIDING AT MOOLAKUNNIL HOUSE, SREEKANDAPURAM P.O., PAZHAYAMGADI, KANNUR. BY PUBLIC PROSECUTOR MR.GIKKU JACOB BY ADV. MR.SHAJI JOSEPH FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1334 OF 2009 ------------------------------------------ Dated 21st May 2009 O R D E R Petitioner is the accused in S.C.175/2008 on the file of Additional Sessions court, North Paravur. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 final report and all further proceedings in S.C.175/2008. Case of the petitioner is that on appearance before the Sessions court, at the time of preliminary hearing under Section 227 finding that there is no document and oral evidence on the place, time and date of the alleged commission of the offence that too even after 14 months from the alleged date of commission of the offence under Section 376, instead of discharging the petitioner the court issued notice to the investigating officer for personal appearance and thereafter investigating officer filed petition for further investigation under Section 173(8) of Code of Criminal Procedure and Annexure-A3 final report was filed. According to the petitioner second respondent, CRMC 1334/09 2 the victim has settled the dispute with the petitioner and she has no intention to persuade the case and in such circumstances, the case is to be quashed. Learned counsel submitted that affidavit of the victim is also filed in this case to the effect that dispute was settled and in such circumstances, it will be mere waste of time of the court if trial is to be conducted and so the case is to be quashed. 2. On hearing the learned counsel, I find that this is not a fit case to quash the proceedings. If a case pending before the sessions court for an offence under Section 376 of Indian Penal court is to be quashed, accepting the affidavit filed by the victim, it would give a wrong message to the courts as well as the accused that any accused could get the matter settled by influencing or intimidating the accused which is not conducive for administration of the criminal justice. In the nature of the offence, I find the alleged settlement is not a valid or sufficient ground to quash the sessions case. Petition is dismissed. Learned counsel submitted that in that case Sessions court may be directed to dispose the case expeditiously as even charge is not CRMC 1334/09 3 framed. Then Sessions Judge is directed to dispose S.C.175/2008 without delay, after framing the charge on the next posting date. M.SASIDHARAN NAMBIAR, JUDGE. uj.