IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Crl.MC.No. 2065 of 2010() ------------------------- LP.33/2003 of JUDL.FIRST CLASS MAGISTRATE COURT, VADAKARA .................... PETITIONER(S): ACCUSED NO.7 AND 8: ------------------------------------------------------------ 1. VALSAN N.P. S/O.KRISHNAN, NIDIKAPPARAMBATH HOUSE, MESHAYIL P.O., VATAKARA. 2. ISMAIL, S/O.IBRAHIM, KALLUNIRAPPARAMBATH HOUSE, MESHAYIL P.O., VATAKARA. BY ADVS. SRI.RAJIT, SRI.RANJIT BABU. RESPONDENT(S): STATE AND COMPLAINANT: --------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THANKAMANI, W/O.ARAVINDAKSHAN, SOORYA KANDHI HOUSE, MEPPAYI POST, VATAKARA VIA, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK R2 BY ADV. SRI.M.L.SURESH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2065 of 2010 -------------------------------------- Dated this the 14th day of June, 2010 ORDER The petitioners who are accused Nos.7 and 8 in Crime No.239 of 1999 of Vatakara Police Station and now pending before the Judicial Magistrate of the First Class, Vatakara as L.P.No.33/2003 seek to quash all further proceedings in the above case on the ground that the co-accused in the case have been acquitted after trial and also on the ground that the de facto complainant injured has compounded the offence punishable under Sections 341, 448 and 506(1) I.P.C. as evidenced by Annexure-3 affidavit filed by the second respondent/de facto complainant. 2. The composition of the offences punishable under Sections 341, 448 & 506(1) I.P.C. all of which are compoundable, is recorded. It will have the effect of discharge of the petitioners of those offences. The surviving offences are those punishable under Sections 143, 147 & 149 I.P.C. The unlawful assembly was allegedly formed for the purpose of committing offences punishable under Sections 448, 341 & 506(1) I.P.C. Since those three offences have been Crl.M.C.No.2065/2010 : 2 : compounded the alleged unlawful assembly cannot have any basis. If so, the petitioners shall stand discharged of the offences punishable under Sections 143, 147 & 149 I.P.C. as well. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj