IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 559 of 2010()
1. AJI @ AJITH
... Petitioner
Vs
1. STATE OF KERALA AND ANOTHER
... Respondent
For Petitioner :SRI.M.DINESH
For Respondent :SRI.JOBI JOSE KONDODY
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :18/02/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 559 OF 2010
===========================
Dated this the 18th day of February,2010
ORDER
Petitioner is the accused in S.C.1355/2009
on the file of Assistant Sessions Court,
Nedumangad being tried for the offence under
section 376 of Indian Penal Code. Second
respondent is the prosecutrix. This petition
is filed under section 482 of the Code of
Criminal Procedure to quash the case pending
before the Assistant Sessions Court contending
that the entire disputes with the second
respondent prosecutrix is settled and in view
of the settlement, it is not in the interest of
justice to continue the prosecution.
Petitioner has also produced a petition signed
by the second respondent, stating that she has
settled the disputes with the petitioner and
she was subsequently married and is leading a
Crl.M.C.559/2010 2
happy marital life.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
3. The fact that the Apex Court in Madan Mohan
Abbot v. State of Punjab (2008(3) KLT 19) held that
even non compoundable offences can be quashed
exercising the powers under section 482 of Code of
Criminal Procedure, does not mean that all
cognizable offences have to be quashed accepting
the settlement of the parties. An offence under
section 376 IPC cannot be termed as purely personal
in nature, as it is an offence against the Society.
In such circumstances, the case cannot be quashed
as sought for by the petitioner. It may be that if
the prosecutrix turns hostile to the prosecution
and there is no other evidence to establish the
commission of rape, Assistant Sessions Judge may be
compelled to acquit the petitioner on evidence.
That is not a ground to quash the proceedings as
Crl.M.C.559/2010 3
sought for. Learned counsel then submitted that
Assistant Sessions Judge may be directed to
expedite the trial.
Petition is dismissed. Assistant Sessions
Judge, Nedumangad is directed to expedite the trial
of S.C.1355/2009.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006