IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1806 of 2010(Y) -------------------------- LP.44/2002 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): ACCUSED ---------------------------------------------- SULAIMAN, S/O.MUHAMMED, KARATTU CHALIL HOUSE, KUZHIMANNA AMSOM & DESOM, PILAKAL KANDI, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): DEFACTO-COMPLAINANT & STATE --------------------------------------------------------------------------------------- 1. NAFEESA, D/O.BEERANKUTTY, KOZHIPARAMBAN HOUSE, KUZHIMANNA AMSOM & DESOM, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.M.M.DEEPA FOR R1 PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1806 of 2010 = = = = = = = = = = = = = = Dated this the 26 th day of May, 2010 ORDER Petitioner, who is the sole accused in Crime No.293 of 1999 of Kondotty Police Station for an offence punishable under Section 354 IPC and now pending before the J.F.C.M, Malappuram as L.P.No.44 of 2002 seeks to quash the charge sheet as well as the subsequent proceedings on the ground that the matter has been settled between the de facto complainant and the petitioner. An affidavit has been filed by the de facto complainant to the above effect. The offence punishable under Section 354 IPC was at the relevant time compoundable. 2. I see no reason why the prayer of the petitioner should not be granted. Accordingly, the offence punishable under Section 354 IPC is permitted to be compounded and the composition shall have the effect of acquittal of the said offence in view of Section 320(8) Cr.P.C. Crime No.293/1997 of Kondotty Police Station and all further proceedings pursuant to the same shall stand quashed. This Crl.M.C is allowed as above. Dated this the 26 th day of May, 2010. V. RAMKUMAR, JUDGE sj