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.
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CRL.M.C.NO.4241 OF 2010
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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
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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.