IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1849 of 2010() ------------------------- CC.507/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... (CRIME NO.239/07 OF KUNNAMKULAM POLICE STATION) PETITIONER(S): 5TH ACCUSED: ------------------------------------------------ JAMSHIR, S/O. ABDU, AGED 23, KUZHIKANDATHIL HOUSE, ARAMBRAM, PADANILAM. BY ADVS. SRI.K.S.MANU (PUNUKKONNOOR), SRI.P.SREEKUMAR. RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.P.SALIM, KALIPPARAMBIL HOUSE, CHEMPKAKUNNU, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.C.M. NAZAR R2 BY ADV. SRI.M.SURESH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1849 of 2010 -------------------------------------- Dated this the 7th day of June, 2010 ORDER Petitioner, who is the fifth accused in Crime No.239/07 of Kunnamangalam Police Station and now pending before the J.F.C.M Court, Kunnamangalam as C.C.No.507/08 for offences punishable under Sections 143, 147, 341 and 323 read with 149 IPC, seeks to quash the proceedings on the ground that the matter has been settled between the de facto complainant, injured and the petitioner. The other accused in the case have been acquitted after trial in C.C.No.782/07. Since the offences punishable under Sections 341 and 323 are compoundable, there cannot be any objection in permitting composition of those offences. The composition is recorded. The unlawful assembly was allegedly formed for the purpose of committing offences punishable under Section 341 and 323. Now with the composition of these two offences, the alleged unlawful assembly, cannot have any independent legs to stand on. Accordingly, the petitioner shall stand discharged of the offences punishable under Sections 143, 147 and 149 IPC as well. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb