High Court Kerala High Court

Niyas N.K. vs State Of Kerala on 13 December, 2010

Kerala High Court
Niyas N.K. vs State Of Kerala on 13 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4241 of 2010()


1. NIYAS N.K., AGED 31 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

3. THASNI, AGED 22, D/O.ABDUL LATHEEF,

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :SRI.SEBIN THOMAS

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :13/12/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.

           ---------------------------------------------
           CRL.M.C.NO.4241 OF 2010
           ---------------------------------------------
           Dated 13th December, 2010


                          O R D E R

Petitioner, the accused in Crime

No.18/2010 of Kunnamangalam Police Station

filed this petition under Section 482 of

Code of Criminal Procedure to quash the

crime registered against him for the

offence under Section 376 of Indian Penal

Code and Section 67 and 72 of Information

Technology Act, contending that entire

disputes with the third respondent,

prosecutrix has been settled and consequent

to the settlement, the case is to be

quashed.

2. Second respondent appeared

through a counsel and filed a joint

petition seeking permission to compound

Crmc 4241/10
2

the offence.

3. Learned counsel appearing for the

petitioner, second respondent and learned

Public Prosecutor were heard.

4. Offence under Section 376 of Indian

Penal Code is not compoundable. Therefore,

permission cannot be granted to compound the

offence. Then the question is whether based on

the settlement, offence under Section 376 of

Indian Penal Code is quashed.

5. If based on the settlement or

affidavit filed by the prosecutrix, an offence

under Section 376 is to be quashed, possibility

of threatening the prosecutrix and procuring

settlement cannot be ruled out. It is not

conducive for proper administration of criminal

justice system. More over, offence under

Section 376 of Indian Penal Code is not purely

Crmc 4241/10
3

an offence against the prosecutrix, but an

offence against the society. In such

circumstances, case cannot be quashed as sought

for. Petition is dismissed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.