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. 3300 of 2010() ------------------------- CC.1065/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S): ACCUSED NO.1 & 5: -------------------------------- 1. K.P.MUHAMMAD RAFEEQ, S/O.ABDULLA MOULAVI, AGED 34 YEARS, RAFEEK MANZIL, MUGU VILLAGE. 2. MUHAMMAD IQBAL, S/O.ABDULLA MOULAVI, AGED 32 YEARS, RAFEEK MANZIL, MUGU VILLAGE. BY ADV. SRI.SOJAN MICHEAL SMT.DHANYA P.ASHOKAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA (CRIME NO.247/05, S.I.OF POLICE, BADIADKA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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. 3300 OF 2010 -------------------------------------- Dated this the 20th day of August, 2010 ORDER Petitioners, who are accused Nos.1 to 5 in Crime No.247/2005 of Badiadka Police station for offences punishable under Sections 143, 147, 148, 341 and 324 read with 149 IPC and who were absconding in C.C.No.29/2006 on the file of the J.F.C.M Court-I, Kazargod and whose case has been re-registered as C.C.No.1065/2009 before the said court, seek to quash the proceedings on the ground that the matter has been compromised between the three injured persons and the petitioners. Even though the offences punishable under Sections 143, 147, 148 and 149 are not compoundable, the rest of the offences are compoundable and since the date of occurrence was 15.11.2005, at a time when the offence punishable under Section 324 IPC was compoundable, I am inclined to extent the benefit of composition of those three offences and the petitioners will stand discharged of the said offences. The surviving offences 143, 147, 148 and 149 cannot have any separate existence since even according to the prosecution, the unlawful assembly was formed for the Crl.M.C. No.3300 OF 2010 : 2 : purpose of committing offences punishable under Sections 341 and 324 which have been compounded. Accordingly, the petitioners are discharged of the offences punishable under Section 143, 147, 148 and 149 IPC as well. Consequently, C.C.No.1065/2009 on the file of the J.F.C.M Court-I, Kazargod shall stand quashed. V.RAMKUMAR, JUDGE dmb