IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1048 of 2010() ------------------------- (CRIME No.91/2009 OF NEELESHWARAM POLICE STATION PETITIONERS: ACCUSED: ----------------------- 1. MUHAMMED KUNHI, KOTTAPPURAM, NEELESHWARAM VILLAGE, HOSDRUG TALUK, KASARGOD DISTRICT. 2. MUBASH, KOTTAPPURAM, NEELESHWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 3. SHAHEER, KOTTAPPURAM, NEELESHWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 4. SABIR, KOTTAPPURAM, NEELESHWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 5. MUHAMMED JASIM, KOTTAPPURAM, NEELESHWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 6. SHAHEER, KOTTAPPURAM, NEELESHWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 7. HAKKEEM, KOTTAPPURAM, NEELESHWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 8. ASHRAF, KOTTAPPURAM, NEELESHWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 9. ANSHAD, KOTTAPPURAM, NEELESHWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENTS: DEFACTO COMPLAINANT: ----------------------------------- 1. SHIHAB, S/O.MUHAMMEDKUNHI, KHADEEJA MANZIL, ANACHAL, KOTTAPURAM, KASARAGOD DISTRICT. Crl.MC.No. 1048 of 2010() 2. SHAKEER HUSSAIN, S/O.ASSAINAR, UCHOOLIKUTHIR, KOTTAPURAM, NILESHWARAM VILLAGE, KASARAGOD DISTRICT. 3. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.S.U.NAZAR ADV. SRI.PRAVEEN T. FOR R1 & R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1048 of 2010 -------------------------------------- Dated this the 7th day of June, 2010 ORDER Petitioners who are accused Nos.1 to 9 in Crime No.91/2009 of Neeleswar Police Station for offences punishable under Sections 143, 147, 148, 341, 323 & 324 read with Section 149 of I.P.C. and now pending before the Judicial Magistrate of the First Class-II, Hosdurg as C.C.No.142/2010 seek to quash the entire proceedings against them on the ground that the matter has since been compounded between the two injured persons and the petitioners as evidenced by Annexure 3 affidavit by the injured, namely, Shihab & Shakkeer Hussain respectively. The occurrence took place on 10/3/2009 on which day the offence punishable under Section 324 I.P.C. was compoundable. If so, the composition of offences under Sections 341, 323 and 324 I.P.C. is permissible and the same is recorded and it will have the effect of discharge of the petitioners of those offences. The surviving offences are under Sections 143, 147, 148 read with Section 149 of I.P.C. The unlawful assembly was allegedly formed for the purpose of committing offences under Sections 341, 323 Crl.M.C.No.1048/2010 : 2 : and 324 I.P.C. When those three offences have been compounded, there cannot be any unlawful assembly, even if, the accused persons had assembled together. If so, Sections 143, 147, 148 read with Section 149 of I.P.C. also could not have any legs to stand on. Criminal M.C. is allowed. C.C.No.142/2010 pending before the Judicial Magistrate of the First Class Court-II, Hosdurg shall stand quashed. V.RAMKUMAR, JUDGE skj