IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 Crl.MC.No. 3322 of 2010() ------------------------- CC.109/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... PETITIONER(S): ACCUSED NOS.1 TO 15 ---------------------------------- 1. DEEPAK, AGED 28 YEARS, S/O BABY, KONAMPURATH HOUSE, THEKKUMMOOTTIPPADY BHAGOM,PIRAVOM P.O., PIRAVOM VILLAGE. 2. ELDHOSE, AGED 21 YEARS, S/O.PAULOSE, INCHANATTUPARAMBIL HOUSE, NEAR J.M.P.HOSPITAL, PIRAVOM P.O., PIRAVOM VILLAGE. 3. SUNIL @ VEERAPPAN, AGED 32 YEARS, S/O.SIVAN, MINIYALIL HOUSE, KAKKAD, PIRAVOM VILLAGE. 4. SHAHAL, AGED 29 YEARS, S/O.LASAR, KORAMPURATH HOUSE, NEAR THEKKUMMOOTTIPPADY, PIRAVOM, PIRAVOM VILLAGE. 5. VARGHESE, AGED 29 YEARS, S/O.THANKACHAN, KANDATHILPADICKAL HOUSE, PIRAVOM, PIRAVOM VILLAGE. 6. DEEPU, AGED 27 YEARS, S/O.THOMAS, MUNDOTHIL HOUSE, MAMALAKKAVALA, PIRAVOM, PIRAVOM VILLAGE. 7. TONY, AGED 23 YEARS, S/O.SYRIAC, CHENNATTU HOUSE, NEAR POLICE STATION, PIRAVOM, PIRAVOM VILLAGE. 8. NITHIN, AGES 27 YEARS, S/O.GEORGE, NEAR KOCHUPALLY, PRIAVOM, PIRAVOM VILLAGE. 9. VARGHESEKUTTY, AGED 22 YEARS, S/O.ALIAS, KANDATHILPADIYIL HOUSE, NEAR J.M.P.HOSPITAL, KAKKAD KARA, PIRAVOM VILLAGE. Crl.MC.No. 3322 of 2010 :2: 10. JOSE, AGED 25 YEARS, S/O.ANTONY, KOLLAMPARAMBIL HOUSE, THEKKUMMOOTTIPPADY, PIRAVOM VILLAGE, NOW RESIDING AT HOUSE OF JOHN, KANJIRAPARAMBU HOUSE, NEAR J.M.P.HOSPITAL, KAKKANAD, PIRAVOM VILLAGE. 11. BIJU, AGED 33 YEARS, S/O.ABRAHAM, KARIPPATTOOR HOUSE, MILLUMPADY BHAGAM, KAKKAD KARA, PIRAVOM VILLAGE. 12. THOMSOM, AGED 22 YEARS, S/O.JOSE, PERUMBALATH HOUSE, NEAR CHAPPAL, PIRAVOM, PIRAVOM VILLAGE. 13. SUMEESH, AGED 21 YEARS, PLAKKATTUKUDIYIL HOUSE, PIRAVOM, PIRAVOM VILLAGE. 14. BABYLAL, AGED 28 YEARS, S/O.PAULOSE, KALARICKAL HOUSE, NEAR MAMALAKKAVALA, PAZHOOR KARA, PIRAVOM VILLAGE. 15. BINOY, AGED 30 YEARS, KALLIRICKAL HOUSE, CHALAPPURAM COLONY, PIRAVOM, PIRAVOM VILLAGE. BY ADV. SRI.M.Y.VARGHESEKUTTY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY S.H.O.PIRAVOM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. SYAM, AGED 20 YEARS, S/O.KRISHNANKUTTY, PLAVADIYIL HOUSE, NEAR PALLIKKAVU, PIRAVOM KARA, PIRAVOM VILLAGE, PIN 686 664. ADV. SRI.T.K.SHAJU FOR R2 BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 3322 OF 2010 -------------------------------------- Dated this the 20th day of August, 2010 ORDER Petitioners, who are accused Nos.1 to 15 in Crime No.558/2008 of Piravom Police Station for offences punishable under Sections 143, 147, 148, 452, 323 and 324 read with 149 IPC and now pending before the J.F.C.M Court, Muvattupuzha as C.C.No.109/2009, seek to quash the proceedings on the ground that the matter has since been settled between the injured de facto complainant and the petitioners as evidenced by Annexure A3 affidavit. The learned Counsel appearing for the de facto complainant also confirmed the fact that the matter has been settled. 2. The settlement can be treated as a composition with regard to the compoundable offences namely those punishable under Sections 323 and 324. Therefore the said offences are permitted to be compounded and petitioners will stand discharged of the said offences. 3. Since the trespass as well as formation of the unlawful assembly were for the purpose of committing the aforesaid offences which have been compounded, the offences Crl.M.C. No.3322 OF 2010 : 2 : punishable under Section 143, 147, 148, 149 and 452 IPC cannot have any independent existence. The petitioners are discharged of the said offences as well. Accordingly, C.C.No.109/2009 on the file of the J.F.C.M Court, Muvattupuzha shall stand quashed. V.RAMKUMAR, JUDGE dmb