IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2884 of 2010() ------------------------- CC.110/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... PETITIONERS: DEFACTO COMPLAINANT/2ND ACUSED --------------------------------------------- 1. KANHIRATTU THAZHEKUNIYIL RAJEESH, S/O.BALAKRISHNAN, BUSINESS, CHOKLI AMSOM, MENAPRAM DESOM, THALASSERY TALUK, KANNUR DISTRICT. 2. ASOKAN V.K., S/O. NANU, AGED 46 NADAKKAL, P.O. OLAVILAM, THALASSERY, KANNUR. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA SRI.P.K.RAKESH KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, CHOKLI POLICE STATION, CHOKLI, THALASSERRY. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2884 of 2010 ---------------------------------- Dated this the 23rd day of July, 2010 ORDER The second petitioner is the second accused in Crime No.179 of 1989 of Chokli Police Station for offences punishable under Sections 143, 147, 148, 323 & 324 read with Section 149 I.P.C. and now pending before the Judicial Magistrate of the First Class, Thalassery as C.C.No.110 of 2010. In this petition jointly filed by the de facto complainant and the second accused it is submitted that the matter has been settled as evidenced by Annexure-III compounding petition. The first accused in the case has already been acquitted after trial. The offence punishable under Section 324 I.P.C. is now non-compoundable after 31/12/2009. Since the occurrence in this case took place on 25/12/1989 when the offence punishable under Section 324 I.P.C. was compoundable, I am inclined to treat the said offence as a compoundable offence. The offences punishable under Sections 323 & 324 I.P.C. are compoundable. Therefore, Crl.M.C.No.2884/2010 : 2 : composition with regard to those offences is acceptable and the petitioner discharged of those offences. 2. The unlawful assembly was allegedly formed for the purpose of committing offences punishable under Sections 323 & 324 I.P.C. which offences have been compounded. If so, the assembly, which was formed, cannot be termed as unlawful assembly. Hence, the petitioner is entitled to be discharged of the remaining offences as well. This Crl.M.C. is accordingly disposed of quashing the proceedings in C.C.No.110 of 2010 on the file of the Judicial Magistrate of the First Class, Thalassery. V.RAMKUMAR, JUDGE skj