IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 1603 of 2010() --------------------------------- CC.707/2007 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE ...................................... (CRIME No.238/06 OF NALLALAM POLICE STATION) ..................................... PETITIONER(S): ACCUSED ------------------------------------ 1. RAJOON, S/O.RAJENDRAN, PALLATHIL HOUSE, KOLATHARA P.O. 2. RAJESH, S/O.RADHAKRISHNAN, PUTHUMANA HOUSE, KOLATHARA P.O. 3. PRAJEESH @ BABU, S/O.MUHAMMED ASHRAF, BAITHUL HAJI, CHAMAPARAMBU, KOLATHARA P.O., KOZHIKODE. 4. SAJIN, S/O.BABURAJ, KOTTEKKAT HOUSE, PANAYATHAT, KOLATHARA P.O., KOZHIKODE DISTRICT. 5. NIDISH, S/O.SATYAN, THACHAMBALATH HOUSE, PANAYATHAT, KOLATHARA P.O., KOZHIKODE DISTRICT. 6. JIJISH, S/O.DEVADAS, NAGATHUMKANDI PARAMBA, PANAYATHAT, KOLATHARA P.O., KOZHIKODE DISTRICT. 7. JALALUDEEN, S/O.MOIDEEN KOYA, VAKERI HOUSE, NAGATHUMKANDI PARAMBA, PANAYATHAT, KOLATHARA P.O., KOZHIKODE DISTRICT. 8. P.BABURAJ, S/O.SIVARAMAN, PAZHUKKADAKANDY, KOTTALADA, PANAYATHAT, KOLATHARA P.O., KOZHIKODE DISTRICT. 9. P.BIPIN, S/O.BABURAJ, PAZHUKKADAKANDY, KOTTALAD, PANAYATHAT, KOLATHARA P.O., KOZHIKODE DISTRICT. 10. K.K.SUBHASH, S/O.PADMANABHAN NAIR, KODAKKATTU THEVARKANDY, KOLATHARA P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN Crl.MC.No. 1603 of 2010() RESPONDENT(S): COMPLAINANT ---------------------------------------------- 1. DHANARAJ N.K., S/O.MADHAVAN NAIR, NAMBAYANGATTU MANDOTHU VEEDU, PANAYATHATTU, CHERUVARNNUR AMSOM DESOM, KOZHIKODE TALUK. 2. S.I.OF POLICE, NALLALAM POLICE STATION, NALLALAM, KOZHIKODE. 3. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SAKIR.K.H. FOR R1 PUBLIC PROSECUTOR MR. C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1603 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 ORDER The petitioners, who are the accused in Crime No.238/2006 of Nallalam Police Station and now pending before the Judicial Magistrate of the First Class-V, Kozhikode as C.C.No.707 of 2007 for offences punishable under Sections 143, 147, 341 and 323 read with Section 149 I.P.C., seek to quash the proceedings against them before the learned Magistrate on the ground that the matter has been settled between the de facto complainant/first respondent and the petitioners as evidenced by Annexure-B affidavit filed by the de facto complainant, injured. 2. Since the offences punishable under Sections 341 and 323 are compoundable, the composition is accepted and it will have the effect of discharge of the petitioners of those two offences. 3. The specific case of the prosecution is that the petitioners formed an unlawful assembly for the purpose of committing offences punishable under Sections 341 and 323 of I.P.C. Since the offences under Sections 341 and 323 I.P.C. Crl.M.C.No.1603/2010 : 2 : have already been compounded, there cannot be any unlawful assembly for the commission of those offences. If so, the offences punishable under Sections 143 & 147 read with Section 149 of I.P.C. cannot have any independent legs to stand on. Consequently the petitioners are discharged of those offences as well. C.C.No.707 of 2007 on the file of Judicial Magistrate of the First Class Court-V, Kozhikode shall stand quashed. This Criminal M.C. is allowed as above. V.RAMKUMAR, JUDGE skj