IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2871 of 2010() ------------------------- CC.592/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER/ACCUSED NO.4: --------------- RAJAN, S/O.NARAYANAN, AGED 29 YEARS, KANDAMBETH HOUSE, EZHOME AMSOM, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENTS: STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. THE STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, PAYANGADI POLICE STATION, KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. SURESHAN, S/O.KORAN, AGED 47 YEARS, KALATHIL PUTHIYAPURAYIL HOUSE, EZHOME AMSOM NARIKODE DESOM, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHIK ADV. SRI.VIJAYAN MELETH FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2871 of 2010 ---------------------------------- Dated this the 23rd day of July, 2010 ORDER The petitioner who is the 4th accused in Crime No.85 of 1995 of Payangadi Police Station for offences punishable under Sections 143, 147, 148, 324 & 506(ii) read with Section 149 I.P.C. and now pending before the Judicial Magistrate of the First Class, Payyannur as C.C.No.592/2009, seeks to quash the proceedings against him on the ground that the matter has been settled between the de facto complainant/injured and the petitioner and also for the reason that the co-accused have been acquitted after trial in C.C.No.163 of 2001. 2. The settlement between the de facto complainant and the petitioner is evidenced by Crl.M.Appl.No.4406 of 2010 filed for compounding the offences. The request for composition so far it relates to the compoundable offence namely Section 324 I.P.C. (which was compoundable on the date of occurrence) is recorded and the petitioner is discharged of offence punishable under Section 324 I.P.C. Crl.M.C.No.2871/2010 : 2 : 3. The unlawful assembly was allegedly formed for committing offences punishable under Sections 324 & 506(ii) I.P.C. The offence under Section 324 I.P.C. is already permitted to be compounded. The prosecution has no case that the unlawful assembly was formed for the purpose of committing the offence punishable under Section 506(ii) I.P.C. alone. If so, the petitioner is entitled to be discharged of the other offences namely those punishable under Sections 143, 147, 148 & 506(ii) and read with Section 149 I.P.C. as well. C.C.No.592 of 2009 on the file of the Judicial Magistrate of the First Class, Payyannur so far it relates to the petitioner shall stand quashed. This Crl.M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj