IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1278 of 2010()
1. REMSMON, S/O. FASARUDEEN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. SADIQ, AGED 29 YEARS,
For Petitioner :SRI.P.BABU KUMAR
For Respondent :SRI.T.N.SUKUMARAN
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/06/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C. No.1278 of 2010
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Dated: 15.06.2010
ORDER
Petitioner, who is the accused in Crime No.115 of 2010 of
Valiyathura Police Station for offences punishable under
Sections 294(b), 323 & 324 read with 34 IPC, seeks to quash the
FIR and all further proceedings on the ground that the matter
has since been settled between the de facto complainant/injured
and the petitioner as evidenced by Annexure A1.
2. Since the offence punishable under Sections 294(b) and
324 IPC are non compoundable offences and also since the
dispute involved is not a money dispute so as to apply the ratio in
Madan Mohan Abbot v.State of Punjab (2008(3) KLT 19), I
am not prepared to accept the so called settlement and quash
the FIR. The parties may submit a joint report before the officer-
in-charge of the investigation of the above case. If in spite of
such report the petitioner is charge sheeted by the Police, he can
approach the appropriate forum, assailing the final report, if
grounds to do so exist.
This Crl.M.C is disposed of as above.
Dated this the 15th day of June , 2010
V. RAMKUMAR,
(JUDGE)
sj