IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Crl.MC.No. 2669 of 2010() ------------------------- C.C.NO.454/2004 ON THE FILE OF JFCM-I, THRISSUR NOW PENDING AS LPR NO.162/2005 PETITIONER(S): ACCUSED ------------------------------------------ BIJU,S/O.MATHUKUTTY,CHERUVATHOOR VEEDU, NEAR KUNDAMKULAM FIRE STATION,KAKKAD VILLAGE. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT(S): DEFACTO COMPLAINANT AND STATE ----------------------------------------------------------------------------------------- 1. SUBHASH,S/O.ANTONY,PULLIKOTTIL HOUSE, CHEMBUKKAVU,THRISSUR. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2669 of 2010 = = = = = = = = = = = = = = Dated this the 14 th day of July, 2010 ORDER Petitioner, who is sole accused in Crime No.155 of 2004 of Thrissur Town East Police Station for offences punishable under Sections 452 and 324 IPC. and now pending before the J.F.C.M-I, Thrissur as L.P.R.No.162/2005 arising out of C.C.No,.454/2004 seeks to quash the proceedings on the ground that the matter has been settled between the 1st respondent/de facto complainant and the petitioner who are brothers-in-law. 2. Since the alleged occurrence was on 23.2.2004 on which day the offence punishable under Section 324 IPC was compoundable, the settlement as evidenced by Annexure B so far as the offence punishable under Section 324 IPC is concerned can be treated as a composition of the said offence and the same is accepted. The petitioner will stand discharged of the said offence. The offence punishable under Section 452 IPC is not compoundable. But since the case of the prosecution is that criminal trespass was committed for the purpose of committing the offence punishable under Section 324 IPC and Section 324 Crl. M.C.No. 2669 of 2010 2 IPC has been compounded, the offence punishable under Section 452 IPC cannot have any independent legs to stand on. The petitioner is entitled to discharge of the said offence also. 3. The result of the foregoing discussion is that the proceedings against the petitioner will have to be quashed. L.P.R.No.162/2008 arising out of C.C.No.454/2004 on the file of J.F.C.M-1, Thrissur shall stand quashed. This Crl.M.C is allowed as above. Dated this the 14th day of July, 2010. V. RAMKUMAR, JUDGE sj