IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.MC.No. 2510 of 2010() ------------------------- CRIME NO.316/2010 OF KARUKACHAL POLICE STATION, KOTTAYAM ------------------------------- PETITIONER(S): ACCUSED: ----------------------- SANTHOSH, THALEETHARA HOUSE, KARUKACHAL KARA, KARUKACHAL VILLAGE, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY SRI.GEORGE SEBASTAIN RESPONDENT(S): DEFACTO COMPLAINANT & STATE: ------------------------------------------- 1. RADHAKRISHNAN NAIR, S/O.KUMARAN NAIR, MOONNODIYIL VEEDU, KADAYANIKKAD KARA, VELLAVOOR VILLAGE, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2510 of 2010 -------------------------------------- Dated this the 7th day of July, 2010 ORDER Petitioner, who is the sole accused in Crime No.316/2010 of Karukachal Police Station for offences punishable under Sections 341, 323 and 294(b) IPC, seeks to quash Annexure-I FIR on the ground that the matter has subsequently been settled between the de facto complainant and the petitioner as evidenced by Annexure-II affidavit filed by the de facto complainant, who has entered appearance through counsel. While the offences punishable under Sections 341 and 323 are compoundable, the offence under Section 294(b) is not compoundable. Hence, the composition in respect of offences punishable under Section 341 and 323 IPC is accepted and it will have the fact of discharging the petitioner of those two offences. 2. With regard to the offence punishable under Section 294(b) IPC, there is no allegation in the F.I statement that the obscene words used by the accused was capable of rousing sexually impure thoughts in the mind of the complainant or the hearers (Preethimon and another v. Crl.M.C. No.2510 of 2010 : 2 : State of Kerala 2008 (1) KHC 330). Therefore, even going by the averments in the F.I statement, the offence punishable under Section 294(b) IPC is not attracted. Therefore the petitioner is will stand discharged of the said offence also. 3. The result of the foregoing discussion is that the FIR in Crime No.316/2010 of Karukachal Police Station is liable to be quashed and I do so. This Criminal M.C is allowed as above. V.RAMKUMAR, JUDGE dmb