IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 8TH FEBRUARY 3008 / 19TH MAGHA 1929 Crl.Rev.Pet.No. 353 of 2008() ----------------------------- CRA.638/2004 of ADDL. SESSIONS COURT (ADHOC)-II, PALAKKAD ST.605/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, OTTAPPALAM .................... REVN. PETITIONER: ------------------ 1. BHUVANENDRAN, AGED 48 YEARS, S/O. CHELLAYAN, B TYPE QUARTERS KERALA POLICE AVADEMY, THRISSUR 2. K.GIRISH, AGED 42 YEARS, S/O. KUMARAN, KALARIKKAL HOUSE, ELAMTURUTH DESOM, MARATHAKKARA VILLAGE, THRISSUR BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTED BY SUB-INSPECTOR OF POLICE OLLUR POLICE STATION 2. RAGHU, S/O. KUMARAN, KALARIKKAL HOUSE, ELAMTHURUTHI DESOM, MARATHAKKARA VILLAGE THRISSUR BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 8-2-2008 , THE COURT ON 08/02/3008 PASSED THE FOLLOWING: V.Ramkumar, J. ................................................. Crl.R.P No. 353 of 2008 .................................................. Dated: 8th February 2008 ORDER Petitioners who are the accused in Crime No. 863 of 2007 of Ollur Police Station for offences punishable under Sections 341, 323, 452 and 294 (b) read with Sec. 34 I.P.C. have subsequently settled the matter with the de facto complainant/2nd respondent. Eventhough they have filed a joint petition under Sec. 320 Cr.P.C. as Mrl.M.A. No. 717 of 2008 seeking to compound the aforesaid offences, the request cannot be granted in its entirety since the offences which are compoundable are those punishable under Sec. 323 and 341 I.P.C. only. Hence, the composition so far as it relates to Secs. 323 and 341 I.P.C. is recorded and it will have the effect of acquittal of the accused of the offences under Sections 341 and 323 I.P.C. 3. What now survives for consideration is the culpability of the petitioners with regard to the offences punishable under Sections 294 (b) and 452 I.P.C. There is no allegation at all in Crl.R.P No. 353 of 2008 -:2:- the F.I. statement that the accused had abused the complainant with obscene words, much less, disclosure of the obsecne words so as to attract the offence punishable under Sec. 294 (b) I.P.C. Hence, the complaint is deficient of the necessary allegation to make out an offence punishable under Sec. 294 (b) I.P.C. and the complaint so far as it relates the above offence will not stand. A trespass can amount to a criminal trespass only if the trespass is committed with the intention of committing an offence. With the compounding of the offences punishable under Sections 323 and 341 IPC and the quashing of the F.I.R. so far as it relates to those offences it cannot be said that the petitioners entered upon the property of the complainant with the intention of committing any offence. If so, mere trespass by itself cannot constitute a criminal trespass. Hence, the allegation under Sec. 452 also cannot be sustained. In the result, this Crl. M.C. is allowed and the F.I.R. in Crime No. 863 of 2007 of Ollur Police Station shall stand quashed. V. Ramkumar, Judge. Crl.R.P No. 353 of 2008 -:3:-