IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Crl.MC.No. 215 of 2008() ------------------------ CC.1541/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER: PETITIONERS/ACCUSED ----------------------------------------------------------------- 1. JAYAKRISHNAN, S/O. KRISHNANKUTTY, THATTARAPARAMBIL HOUSE, KOZHUKULLY, MOORAKKANIKKARA P.O., THRISSUR DISTRICT. 2. SMEEJESH, S/O. MONY, KANIATH HOUSE, AYYANTHOLE, THRISSUR. BY ADV. SRI.P.K.RAVISANKAR RESPONDENTS: COMPLAINANT AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JAYESH, S/O. GANGADHARAN, THAZHATHU VALAPPIL HOUSE, ANAPPARA, VILVATTOM, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ SRI.S.VINOD BHAT THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 215 of 2008 * * * * * * * * * * * * * * * * * * Dated: 29-01-2008 ORDER Petitioners who are the accused in C.C. No. 1541 of 2007 on the file of the J.F.C.M. I, Thrissur for offences punishable under Sections 341, 323 and 294 (b) read with Sec. 34 I.P.C. seek to quash the said proceedings pending before the J.F.C.M. I, Thrissur. Except for a bald averment in the F.I. statement as well as in the 161 statement of the complainant which has been faithfully reproduced in the final report filed under Sec. 173 (2) Cr.P.C. to the effect that the accused had called obscene words at the complainant and thereby committed an offence punishable under Sec. 294 (b) I.P.C., what exactly were was the obscene words uttered by the accused has not been stated anywhere in the F.I. statement or in the 161 statement or in the final report filed by the police. A mere statement that the accused uttered obscene words at the complainant cannot amount to an offence punishable under Sec. 294 (b) I.P.C. The exact words uttered as well as the annoyance caused thereby to the complainant are the necessary ingredients of the offence without which an offence punishable under Sec. 294 (b) I.P.C. cannot be said to have been Crl.M.C. No. 215 of 2008 -:2:- committed . See in this connection 2008 (1) KLJ 148. Hence, the final report as well as the cognizance taken with regard to the offence so far as they relate to the offence punishable under Sec. 294 (b) I.P.C. cannot be sustained and are accordingly quashed. What now survives for consideration are the offences punishable under Sections 323 and 341 I.P.C. The complainant has filed Crl.M .A. No. 559 of 2008 seeking permission to compound the said offences stating that the offences have been compounded between the parties. Accordingly, Crl.M.A. 559 of 2008 is allowed and the composition so far as it relates to the offences punishable under Sections 323 and 341 I.P.C. is recorded and it will have the effect of acquittal of the petitioners of the offences punishable under Sections 323 and 341 in view of Section 320 (8) Cr.P.C. Resultantly, C.C. No. 1541 of 2007 pending before the J.F.C.M.I , Thrissur shall stand quashed in its entirety. V. RAMKUMAR, (JUDGE) ani. Crl.M.C. No. 215 of 2008 -:3:-