IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 541 of 2008() ------------------------ C.P.NO.35/07 OF J.F.C.M, PATTAMBI PETITIONER: ACCUSED 1. VINEESH, S/O.CHANDRAN @ RAMACHANDRAN, AGED 27 YEARS, OTTIRL HOUSE, KODANADU DESOM, MEZHATHUR AMSOM, OTTAPPALAM TALUK. 2. VIJEESH, S/O.CHANDRAN @ RAMACHANDRAN, AGED 25 YEARS, OTTIRL HOUSE, KODANADU DESOM, MEZHATHUR AMSOM, OTTAPPALAM TALUK. BY ADV. SRI.U.N.PRADEEPKUMAR RESPONDENTS: COMPLAINANTS 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, PALISSERY POLICE STATION. 2. VINEESH, S/O.CHAKKAYI, AGED 25 YEARS, OTTIRIPALLIYALIL HOUSE, KODANADU DESOM, MEZHATHUR AMSOM, OTTAPPALAM TALUK. 3. SUNRISE, S/O.SANKARAN, AGED 30 YEARS, KOZHINJIPARAMBIL VEEDU, P.O.MEZHATHUR, KODANADU. 4. RATHEESH, S/O.KRISHNANKUTTY, AGED 23 YEARS, KOZHINJIPARAMBIL VEEDU, P.O.MEZHATHUR, KODANADU. 5. SATHEESH, S/O.SANKARAN, AGED 28 YEARS, KOZHINJIPARAMBIL VEEDU, P.O.MEZHATHUR, KODANADU. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.541 of 2008 = = = = = = = = = = = = = = Dated this the 7th day of March, 2008 ORDER The petitioners two in number were prosecuted by the 2nd respondent herein in a private complaint for an offence punishable under Sections 324 read with 34 IPC and Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned Magistrate took cognizance of the said offences and registered the case as C.P.No.35 of 2007. During the pendency of the said C.P case, the parties have settled the matter and they have filed Crl.M.A. No.1070 of 2008 under Section 320 Cr.P.C for compounding the offences. The only offence which is compoundable is the one punishable under Section 324 IPC and the composition, so far as that offence is concerned, is recorded. It will have the effect of acquitting the petitioners of the offences punishable under Section 324 IPC in view of Section 320(8) Cr.P.C. 2. When once the offence under Section 324 IPC is compounded, the offence punishable under Section 3 of the the Scheduled Caste and Scheduled Tribes (Prevention of Crl.M.C.No.541 of 2008 2 Atrocities) Act, 1989 cannot independently survive and C.P.No.35 of 2007 on the file of J.F.C.M- Pattambi shall stand quashed. This Crl.M.C is allowed as above. V. RAMKUMAR, JUDGE sj