IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.MC.No. 1583 of 2010() ------------------------- (CRIME No.234/2010 OF KAZHAKKOOTAM POLICE STATION) PETITIONER: ACCUSED ---------------------- SAJI ANTONY, S/O.ANTONY FERNANDEZ, AGED 35 YEARS, PUTHUVAL PURAYIDAM, THUMBA, PALLITHURA P.O., THIRUVANANTHAPURAM-14. BY ADV. SRI.P.M.JOSHI RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JAYASREE PERIERA, W/O.ABRAHAM PERIERA, AGED 46 YEARS, MAMOOTTU VILAKOM, ST.DOMANIC VATTUKADU, ST.XAVIER'S COLLEGE P.O., THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1583 of 2010 -------------------------------------- Dated this the 23rd day of June, 2010 ORDER Petitioner who is the accused in Crime No.234/2010 of Kazhakkootam Police Station for offences punishable under Sections 452, 427 & 506(1) of I.P.C. seeks to quash the F.I.R. and further proceedings. 2. This Court called for a report from the J.F.C.M.II, Attingal as to the present stage of the case. That court has reported that cognizance of the offences have been taken and the case is pending and numbered as C.C.No.404/2010. 3. According to the petitioner and the second respondent/complainant who is represented by counsel, the matter has been settled between them and the complainant has no subsisting grievance in the matter. While the offence punishable under Sections 427 & 506(1) are compoundable, the offence punishable under Section 452 I.P.C. is not compoundable. Hence, the composition with regard to the Sections 427 & 506(1) can be accepted and the same is recorded. It will have the effect of a discharge of the petitioner/accused of those two offences. Crl.M.C.No.1583/2010 : 2 : 4. The further question is as to whether Section 452 of I.P.C. can have any independent legs to stand on. The substratum of the prosecution case is that the accused committed criminal conspiracy for the purpose of committing offences under Sections 427 & 506(1) of I.P.C. When the offences punishable under Sections 427 & 506(1) have been compounded and when the composition has the effect of a discharge of the petitioner of those offences, it cannot be said that there was any criminal trespass since criminal trespass presuppose a trespass with the object of committing offences. Hence Section 452 I.P.C. cannot survive and the petitioner will stand discharged of the said offence also. C.C.No.404/2010 pending before the Judicial Magistrate of the First Class Court-II, Attingal shall stand quashed. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj