IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Crl.MC.No. 1262 of 2010() ------------------------------------- CC.1605/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PUNALUR .................... PETITIONER/ACCUSED ---------------------------------- JOY, S/O. GEORGE, AGED 28, RESIDING AT EARATHU KIZHAKKETHIN, KARICODE CHERRY, MGNAD, KOLLAM. BY ADV. SRI.V.V.RAJA, SRI.M.T.SURESH KUMAR. RESPONDENTS/STATE & DEFACTO COMPLAINANT --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NAZIR KHAN @ KUNJU MON, S/O. SHAHUL HAMEED, NISA MANZIL, PEROOR CHERRY, KOTTANKARA VILLAGE. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 BY ADV. SRI.M. RAVIKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1262 of 2010 -------------------------------------- Dated this the 31st day of May, 2010 ORDER The petitioner who is the sole accused in C.C.No.1605 of 2007 on the file of the Judicial Magistrate of the First Class- III, Punalur for an offence punishable under Sections 324 read with Section 34 I.P.C. and Section 147 of the Indian Railways Act seeks to quash Annexure-2 final report and all further proceedings in the above CC case. 2. The matter is said to have been settled between the de facto complainant and the petitioner as evidenced by Crl.M.A.2013/2010. Since the offence punishable under Section 147 of the Railways Act is not a compoundable offence and also since it does not involve any money dispute, the ratio in Madan Mohan Abbott Vs. State of Punjab (2008 (3) KLT 19(SC) and related cases cannot be applied with regard to the said offence. However the offence punishable under Section 324 I.P.C. was on 3/3/1998 i.e., the date of commission of the offence, compoundable. Hence the composition so far as it relates to Section 324 I.P.C. is recorded and it will have the effect of discharge of the petitioner of the said offence. With Crl.M.C.No. 1262/2010 : 2 : regard to the offence punishable under Section 147 of the Railways Act, the petitioner will have to face the trial. If a question of identity of the petitioner is not involved during trial and if the petitioner files an application for personal exemption incorporating appropriate averments the same shall be allowed by the Court below. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj