IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Crl.MC.No. 1862 of 2010() ------------------------- CC.13/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): ACCUSED NO.1. ------------------------------------------ ELDO, S/O.KURIAKKOSE, OLEPPURA HOUSE, KOTTEKULM, KORENCHIRA, KIZHAKKENCHERRY, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): DEFACTO COMPLAINANT AND STATE -------------------------------------------- 1. RADHAKRISHNAN, S/O.KUTTAPPAN, PADIKKAKUDIYIL VEEDU, KOTTEKULM, KORENCHIRA, PALAKKAD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Crl.M.C. No.1862 of 2010 =================== Dated this the 28 th day of May, 2010. O R D E R Petitioner, who is the 1st accused in Crime No.157 of 2005 of Vadakkencherry Police Station for offences punishable under Sections 341,323,143 and 147 read with 149 IPC seeks to quash Annexure A final report and all further proceedings against him. 2. After the occurrence, the petitioner was absconding. He was employed in Mumbai. The case against the co- accused namely A2 & A4 to A6 proceeded as C.C.No.383/2005 before the J.F.C.M, Alathur and ended in acquittal. The de facto complainant/injured has subsequently compromised the matter with the petitioner and a joint petition has been filed as Annexure C compounding offences punishable under Sections 323 and 341 IPC. The composition is accepted and it will have the Crl.M.C. No. 1862/2010 -:2:- effect of discharge of the petitioner of the offences punishable under Sections 341 and 323 IPC. 3. The surviving offences namely those punishable under Section 143 and 147 read with 149 IPC cannot have any independent legs to stand on with the discharge of the petitioner of the offences punishable under Sections 323 and 341 IPC. 4. When the offences punishable under Sections 323 & 341 IPC is compounded, it goes without saying that there cannot be any unlawful assembly or rioting by any member of an unlawful assembly since the common object of the assembly was to commit the offences punishable under Sections 341 and 323 IPC which have been compounded. Hence the petitioner is discharged of all the aforementioned offences. C.C.No.13 of 2009 pending before the J.F.C.M, Alathur shall stand quashed. This Crl.M.C. is disposed of as above. Dated this the 28th day of May, 2010. V.RAMKUMAR, JUDGE. sj