IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3477 of 2009()
1. K.V.MUHAMMED SHAFI,
... Petitioner
Vs
1. CHAPPAN THOTTATHIL SUHARA,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.P.BABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :11/11/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3477 OF 2009
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Dated 11th November 2009
O R D E R
Petitioner is the accused in crime
No.463/2009 of Taliparamba police station registered
under Annexure-AI FIR for the offences under Sections
313, 315, 376, 420 and 506(ii) of Indian Penal Code
based on a private complaint filed by the first
respondent and sent for investigation under Section
156(3) of Code of Criminal Procedure. This petition is
filed under Section 482 of Code of Criminal Procedure
to quash the proceedings contending that entire
disputes were settled between the petitioner and first
respondent and in view of the settlement invoking the
principles in Madan Mohan Abbot v. State of Punjab
(2008 (3) KLT 19 (SC), the case is to be quashed.
2. First respondent appeared through a
counsel and filed Annexure-AIII affidavit to the
effect that consequent to the amicable settlement of
the disputes between the petitioner and first
respondent out of court and entering into
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Annexure-AII agreement, first respondent does not
intend to continue the case and therefore, she has no
objection for quashing the proceedings.
3. Learned counsel appearing for the
petitioner and first respondent and learned Public
Prosecutor were heard.
4. Learned Public Prosecutor submitted that
after investigation, offences under Sections 313 and 315
were deleted and final report has already been
submitted for the offences under Sections 376, 420 and
506(ii) of Indian Penal Code.
5. True, affidavit filed by the first
respondent with Annexure-AII agreement shows that there
was a settlement between the petitioner and first
respondent. Question is whether based on the settlement
an offence of the nature alleged in this case is to be
quashed invoking the extra ordinary powers of this
court under Section 482 of Code of Criminal Procedure.
Offence under Section 376 is not mere offence committed
personally against first respondent. It is an offence
against the very society. If this court is to accept,
the settlement arrived at between the accused and
prosecutrix and quash the proceedings, it may lead to a
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situation where prosecutrix will be compelled to agree
for a settlement which is not conducive for
administration of justice. It would be adding insult
to the injury. Considering the nature of the offences,
it cannot be quashed as sought for, based on the
settlement. Question whether consequent to the
settlement first respondent will depose against the
petitioner at the time of trial and in that case whether
conviction is possible or not, are not to be considered
in this petition.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.