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. 1517 of 2010() ------------------------- CMP.4757/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD , CRIME NO.404/2009 OF CHAVAKKAD POLICE STATION .................... PETITIONER(S): ACCUSED 2 & 3 ---------------------------- 1. RAJAGOPAL, S/O.KARTHAYANI AMMA, PUTHENKOVILAKATH HOUSE, NILAMBOOR, MALAPPURAM DISTRICT. 2. GEETHA RAJAGOPAL, W/O.RAJAGOPAL, PUTHENKOVILAKATH HOUSE, NILAMBOOR, MALAPPURAM DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. ABOOBAKER.E.A., S/O.IBRAHIM, ELLORAYIL HOUSE, NHAMANANGAD POST, VADAKKEKAD, THRISSUR DISTRICT. PUBLIC PROSECUTOR MR.C.S.HRITHWIK SRI.V.GOPIKRISHNA FOR R2 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.1517 OF 2010 -------------------------------------- Dated this the 23rd day of July, 2010 ORDER Petitioners, who were accused Nos.2 and 3 in Crime No.404/2009 of Chavakkad Police Station for offences punishable under Sections 406, 420 and 120B read with 34 IPC, seek to quash the proceedings on the ground that the matter has been settled between the 2nd respondent de facto complainant and the petitioners. The learned counsel appearing for the 2nd respondent also admitted the above settlement. They also filed Criminal M.A No.4190/2010 to compound the offences. It is true that the offence punishable under Section 120B is not compoundable. But the offences punishable under Section 406 and 420 are compoundable and the composition with regard to those offences is accepted and it will have the effect of discharging the petitioners of all those offences. 2. The offence under Section 120B IPC alleged was to commit offences punishable under Section 406 and 420 IPC. Since those offences have been compounded, the allegations under Section 120B IPC cannot have any independent legs to Crl.M.C. No. 1517 OF 2010 : 2 : stand on. Accordingly, the petitioners will stand discharged of the offence punishable under Section 120B as well and accordingly, Annexure A complaint and the Crime No.404/2009 of Chavakkad Police Station on the basis of the said complaint are quashed. V.RAMKUMAR, JUDGE dmb