IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1757 of 2010() ------------------------- CC.431/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER(S): ------------ AJAYAN, S/O. PURUSHOTHAMAN, CHARIVUKALAYIL VEEDU, KOODAL MURI, KOODAL VILLAGE BY ADV. SRI.P.VIJAYA BHANU SRI.AJEESH K.SASI RESPONDENT(S): ------------ 1. ANILKUMAR, @ AMBILI, S/O. BHASKARAN, KIZHAKKEKARA PUTHENVEEDU, ARUVAPPULAM VILLAGE, PATHANAMTHITTA DISTRICT 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM PUBLIC PROSECUTOR SRI. C.S. HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-5-2010, THE COURT ON 21/05/2010 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1757 of 2010 * * * * * * * * * * * * * * * * * * Dated: 21st day of May, 2010 ORDER Petitioner who was the third accused in Crime No. 193 of 2003 of Koodal Police Station for offences punishable under Sections 143, 147, 148, 109, 324 and 427 read with Sec. 149 I.P.C. and now pending before the J.F.C.M. I, Pathanamthitta as L.P. No. 127 of 2005 (all accused persons other than A5 have been acquitted after trial as per Annexure B judgment dated 3- 3-2005 in C.C. No. 431 of 2004) seeks to quash Annexure A final report and all final proceedings so far as it relates to the petitioner. As per Annexure C affidavit by the injured who is arrayed as the first respondent represented by counsel there has been a settlement of the dispute as against the petitioner, the 3rd accused. The settlement can be treated as composition but only with regard to the compoundable offences namely Secs. 324 and 462 I.P.C. (Since the occurrence took place on 2-12- 2003 the offence punishable under Section 324 also should be treated as compoundable) . The composition of Sec. 324 and 427 is accepted and it will have the effect of acquitting the Crl.M.C. No. 1757 of 2010 -:2:- petitioner of those offences in view of Section 320 (8) Cr.P.C. 2. Since the main offences namely those punishable under Sections 324 and 427 have been compounded, it cannot be said that there was any unlawful assembly framed with the common object of committing offences punishable under under Sections 324 and 427 I.P.C. Consequently, the acquisation under Sec. 143, 147 and 148 read with Sec. 109 I.P.C. will have no independent legs to stand on. The petitioner who is the first accused in L.P. No. 127 of 2005 is discharged of the said offences. In the result, Annexure A charge sheet so far as it relates to the petitioner in L.P. 127 of 2005 on the file of the J.F.C.M. I, Pathanamthitta shall stand quashed. This Crl.M.C. is allowed as above. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge ani. Crl.M.C. No. 1757 of 2010 -:3:-