IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 Crl.MC.No. 1121 of 2010() ------------------------------------- C.C.39/2007 OF CHIEF JUDL. MAGISTRATE COURT, THIRUVANANTHAPURAM. ................ PETITIONERS/ACCUSED 3, 5 & 6: -------------------------------------------------- 1. PRAMOD P.G., AGED 26 YEARS S/O.PURUSHOTHAMAN NAIR, USHUS, P.R.A-10 VAZHUTHACAUD, SASTHAMANGALAM, THRIVANANTHAPURAM 2. PRAVEEN PARAMESWARN, AGED 25 YEARS, S/O.PARAMESWARAN NAIR PARAYAMUTTAM HOUSE, KULATHUR, UCHAKKADA, KOTTUKAL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. 3. SALIM H.B, AGED 28 YEARS S/O.LAE HASSAN BAVA, VILAYIL VEEDU, PAPPANAMCODE ,THIRUVANANTHAPURAM. BY ADV. SRI.M.R.DHANIL RESPONDENTS/STATE/DEFACTO COMPLAINANT AND INJURED: ----------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. HASSAN KUNJU, AGED 23 YEARS, S/O.USUF KUNJU, KONATH PUTHAN VEEDU KODUVAYOOR VILLAGE, CHURAYINKIL TALUK THIRUVANANTHAPURAM. 3. JAYAKUMAR, AGED 26 YEARS S/O.GOPALAPILLAI, SANTHALAYAM, MAINAKAPALLY VILLAGE, KUNNATHOOR TALUK,KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. R2 & R3 BY ADV. SRI.P.S.APPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1121 of 2010 = = = = = = = = = = = = = = Dated this the 4 th day of August, 2010 ORDER Petitioners who are accused Nos.3, 5 and 6 in Crime No.369/2006 of Museum Police Station, Thiruvananthapuram for offences punishable under Sections 143,147,148,323 and 324 read with 149 IPC and now pending before the Chief Judicial Magistrate, Thiruvananthapuram as C.C.No.39/2007 seeks to quash the proceedings on the ground that the offences have been compounded. 2. Since the occurrence took place on 21.12.2006 at a time when an offence punishable under Section 324 IPC was compoundable, I am inclined to extend the benefit of composition with regard to the said offence to the petitioner. Except the offence punishable under Sections 323 and 324 IPC, rest of the offences are not compoundable. Hence the composition entered into between the de facto complainant and the other injured on the one hand and the petitioners on the other can relate only to the offences punishable under Sections Crl. M.C. No. 1121 of 2010 2 323 and 324 IPC and the said composition is recorded. It will have the effect of discharging the petitioner of the said offences. The learned counsel appearing for the de facto complainant and the other injured person also admitted that the matter has been settled between the parties. In the light of the composition of the offences punishable under Sections 323 and 324 IPC, the rest of the offences punishable under Sections 143,147, 148 and 149 cannot survive because unlawful assembly allegedly formed was for the purpose of committing the aforementioned offences which have been compounded. Accordingly the petitioners are discharged of the offences punishable under Sections 143,147,148 and 149 IPC. The result of the foregoing discussion is that C.C.No.39 of 2007 on the file of C.J.M, Thiruvananthapuram, so far as it relates to the petitioners shall stand quashed. Dated this the 4th day of August, 2010. V. RAMKUMAR, JUDGE sj