IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Crl.MC.No. 3130 of 2010() ------------------------------------ CC.45/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... PETITIONERS/DEFACTO COMPLAINANT/ACCUSED 1 TO 5: ------------------------------------------------------------------------------------- 1. M.K. ABDUL NAZAR, AGED 28, S/O.KUNHABDULLA HAJI, MELIYADATH HOUSE, PERINGATHOOR AMSOM, MUKKILPEEDIKA, P.O.PULLUKKARA, THALASSERY, KANNUR. 2. JABIR P.P., AGED 36, S/O.ABDULLA, BUSINESS, PUNNOT PARAMBATH HOUSE, P.O.PULLOOKKARA, THALASSERY, KANNUR. 3. NISHANTH, AGED 35, S/O.SADASIVAN, KOOLI, VAYAL KUNHI HOUSE, PERINGATHOOR P.O., THALASSERY, KANNUR. 4. PRADEESHAN P., AGED 33, S/O.SANKARAN, KOOLIE, PULLOOKARA PEEDIKAYIL, PERINGATHOOR P.O., THALASSERY, KANNUR. 5. SANTHOSH P.M., AGED 34, S/O.UNNI, DRIVER, PUZHANGOTT MEETHAL, P.O.PULLOOKKARA, THALASSERY, KANNUR. 6. SATHYANATHAN T., AGED 42, S/O.KUMARAN, CONDUCTOR, THEYYATHARAN, PERINGATHOOR P.O., THALASSERY, KANNUR. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENTS/FORMAL PARTY/COMPLAINANT --------------------------------------------------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, CHOKLI POLICE STATION, CHOKLI, THALASSERY. R1 & R2 BY PUBLIC PROSECUTOR MR.C.M. KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No.3130 of 2010 = = = = = = = = = = = = = = = Dated: 12.08.2010 ORDER The de facto complainant and accused Nos.1 to 5 in C.C.No.45/2009 on the file of the J.F.C.M, Thalassery for offences punishable under Sections 143,147,148,341,323,324 read with 149 IPC seeks to quash the proceedings on the ground that the matter has been settled between them as evidenced by Annexure III compromise petition. 2. Since the occurrence took place on 7.10.2008 at a time when the offence punishable under Section 324 was compoundable, I am inclined to permit the composition of the said offence. Accordingly, composition of the offences punishable under Sections 341,323 and 324 is recorded and petitioners 2 to 6 are discharged of the said offences. 3. Except the offences punishable under Sections 341,323 and 324 IPC, rest of the offences are not compoundable. Hence the composition entered into between the de facto complainant and the accused can relate only to the offences punishable under Sections 341, 323 and 324 IPC and the said composition iss Crl. M.C. No.3130 of 2010 2 recorded. 4. In the light of the composition of the offences punishable under Sections 341, 323 and 324 IPC, the rest of the offences punishable under Sections 143,147, 148 and 149 cannot survive because the unlawful assembly allegedly formed was for the purpose of committing the aforementioned offences which have been compounded. Accordingly the petitioners 1 to 6 are discharged of the offences punishable under Sections 143,147,148 and 149 IPC as well. The result of the foregoing discussion is that C.C.No.45 of 2009 on the file of J.F.C.M, Thalassery shall stand quashed. Dated this the 12th day of August, 2010 V. RAMKUMAR, (JUDGE) sj