IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Crl.MC.No. 2514 of 2010() ------------------------- CC.1201/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONERS: ACCUSED ---------------------- 1. GOPALAKRISHNAN, AGED 40 YEARS, S/O.RAJAPPAN, MADATHUMPADICKAL HOUSE, KOTTUVALLY, KAITHARAM P.O., NORTH PARAVUR. 2. NANDAKUMAR, AGED 48 YEARS, S/O.RAJAPPAN, DO. 3. MURALEEDHARAN, AGED 36 YEARS, S/O.RAJAPPAN, DO. BY ADV. SRI.S.RAJEEV RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. UDAYA BHANU, AGED 46 YEARS, S/O.NEELAKHANDAN, VAZHAKAMANDAM, ELAMKULAM, KOCHI. PUBLIC PROSECUTOR SRI.KAMMAPPU ADV. SRI.VINOD KUMAR.C FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2514 of 2010 ---------------------------------- Dated this the 27th day of July, 2010 ORDER The petitioners who are accused Nos.1 to 3 in Crime No.223/2003 of Central Police Station, Ernakulam and now pending before the Judicial Magistrate of the First Class-II, Ernakulam as C.C.No.1201/2003 for offences punishable under Sections 447, 323, 324, 294(b) & 341 read with Section 34 I.P.C., seek to quash the proceedings on the ground that the matter has since been settled between the de facto complainant and the petitioners as evidenced by Annexure-2 affidavit filed by the de facto complainant who is the second respondent herein. 2. Among the aforementioned offences the offence punishable under Section 294(b) I.P.C. is non-compoundable. Eventhough offence under Section 324 I.P.C. has become non- compoundable with effect from 31/12/2009, since the occurrence in this case took place on 14/4/2003 at a time when the said offence was compoundable, I am inclined to extend the benefit of composition regarding that offence also. Crl.M.C.No.2514/2010 : 2 : Hence the petitioners are discharged of the offences punishable under Sections 447, 323, 324 & 341 read with Section 34 I.P.C. 3. The surviving offence namely the one punishable under Section 294(b) I.P.C. though not compoundable is not made out from the averments in the final report. The necessary ingredients of the said offence as laid down in 2008(1)KHC 330 Preethimon Vs. State of Kerala are lacking. Hence the petitioners cannot be charged for the said offence and are entitled to discharge of the said offence as well. The result of the foregoing discussion is that C.C.No.1201/2003 pending before the Judicial Magistrate of the First Class-II, Ernakulam shall stand quashed. This Criminal M.C. is allowed as above. V.RAMKUMAR, JUDGE skj