High Court Kerala High Court

Roopak vs State Of Kerala on 10 June, 2010

Kerala High Court
Roopak vs State Of Kerala on 10 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 769 of 2010()


1. ROOPAK , S/O.CHANDRAN,
                      ...  Petitioner

                        Vs



1.  STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. MURUGAPPAN ASSAN,

                For Petitioner  :SRI.G.SUDHEER

                For Respondent  :SRI.S.K.VINOD

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :10/06/2010

 O R D E R
                       V.RAMKUMAR, J.
                 -------------------------------------
                  Crl.M.C.No.769 of 2010
                --------------------------------------
            Dated this the 10th day of June, 2010

                              ORDER

Petitioner who is the sole accused in Crime No.713 of

2009 of Nemom Police Station for offences punishable under

Sections 366(A) & 376 I.P.C. seeks to quash

Annexure-A, FIR.

2. According to the petitioner, the matter has been

subsequently settled and the petitioner has agreed to marry

the victim on her attaining age of 18 years and in the light of

the settlement, FIR has to be quashed. Since the offences are

not compoundable offences and the dispute between the

parties is not a purely money dispute, it may not be possible

for this Court to press into service the decision Madan

Mohan Abbot Vs. State of Punjab (2008(3)KLT 19) and

quash the FIR. The petitioner and the victim may jointly

report the settlement to the investigating officer. If inspite of

that, a final report is filed charge sheeting the petitioner, the

petitioner may challenge the final report by moving the Court,

in case grounds exists to do so.

Reserving the above right of the petitioner, this Criminal

M.C. is disposed of.

V.RAMKUMAR, JUDGE

skj