IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Crl.MC.No. 2625 of 2010() ------------------------- CC.2066/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S) / ACCUSED: ------------------------------- 1. SANEESH, S/O.CHANDRAN AATAMPARAMBIL HOUSE KALAVANKUNNU KARA CHENGAMANADU, ALUVA 2. ANEESH, S/O.ANIRUDHAN ELAVUNGAL HOUSE KALAVANKUNNU KARA CHENGAMANADU, ALUVA 3. SUBEESH, S/O.SOMAN PULINCHUVATTIL HOUSE CHENGAMANADU, ALUVA 4. VIMAL, S/O.VIJAYAN VADAKAPURATH HOUSE CHENGAMANADU, ALUVA 5. AMAL, S/O.AYYAPPAN VADAKAPURATH HOUSE CHENGAMANADU, ALUVA 6. SUJITH, S/O.KRISHNANKUTTY VADAKAPURATH HOUSE CHENGAMANADU, ALUVA 7. MANOJ, S/O.MOHANAN THERATTIKUNNU CHENGAMANADU, ALUVA Crl.MC.No. 2625 of 2010 :2: 8. BINU, S/O.SASI CHENCHERIPARAMBIL HOUSE KALAVANKUNNU, CHENGAMANADU 9. ARUNKUMAR, S/O.ANANDAN MANNARAKKAL HOUSE KALAVANKUNNU, CHENGAMANADU 10. VIJESH, S/O.CHANDRANPILLAI ATTAMPARAMBIL HOUSE PALIPRASSERY, CHENGAMANAD 11. PRASOBH, S/O.SADANANDAN KESAVASADANAM CHENGANADU 12. SILJU, S/O.SUDHAKARAN ANAVANKODE HOUSE, CHENGAMANADU 13. ARUN, S/O.VENU, CHENGERIPARAMBIL HOUSE CHENGAMANADU, ALUVA BY ADV. SRI.SREEJITH S.NAIR RESPONDENT(S)/COMPLAINANT & STATE ----------------------------------------------------- 1. SARATH, S/O.SIVAN KUDAMANAPARAMBU HOUSE NEDUMBASSERY VILLAGE POIKATTUSSERY, ALUVA 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ADV. SRI.M.C.ANISH FOR R1 BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2625 of 2010 -------------------------------------- Dated this the 12th day of July, 2010 ORDER Petitioners, who were the accused in Crime No.129/2009 of Chengamanadu Police Station for offences punishable under Sections 143, 147, 148 and 324 read with 149 IPC and now pending before the J.F.C.M Court-I, Aluva as C.C.No.2066/2009 seek to quash the proceedings on the ground that the matter has been settled between the de facto complainant, the injured and the petitioners as evidenced by the Crl.M.A.No.4114/2010, which is a petition filed for compounding the offences. 2. The only offence which is compoundable is one punishable under Section 324 IPC which was compoundable till 31.12.2009. The offences in this case were committed on 16.2.2009 on which date the offence punishable under Section 324 IPC was compoundable. Accordingly, composition of the offence punishable under Section 324 IPC is accepted and it will have the effect of discharging the petitioners of the said offence. Crl.M.C. No.2625 of 2010 : 2 : 3. Since the prosecution case is that the accused persons formed themselves into an unlawful assembly for the purpose of committing an offence which is punishable under Section 324 IPC, the unlawful assembly will have no legs to stand on if the offence punishable under Section 324 IPC is not made out. In the light of the composition of the said offence it cannot be said that there was any unlawful assembly formed. If so, the offences punishable under Section 143 and 147 read with 149 cannot survive. The petitioners will stand discharged of those offences also. C.C.No.2066/2009 pending before the J.F.C.M Court, Kothamangalam shall stand quashed. This Criminal M.C is allowed as above. V.RAMKUMAR, JUDGE dmb