IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.MC.No. 2516 of 2010() ------------------------- CP.19/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER(S): ACCUSED NO.1,2,3,4 & 5 ------------------------------------- 1. DHARSHAN, S/O. RAJENDRAN, LEKSHMI BHAVANAM, ELUVAMTHITTA, MEZHUVELI, PATHANAMTHITTA. 2. RONY JOHN THOMAS, S/O. JOHN THOMAS, KAVUMPATTU HOUSE, NANNUVAKADU, PATHANAMTHITTA. 3. JAYAKRISHNAN, S/O. RAMAKRISHNAN, KRISHNAVILAS, HARIPAD. 4. SUNIL, S/O. DANIEL, PARAVILAYIL HOUSE, NEAR PADMASREE SCHOOL, ENATHU, PATHANAMTHITTA. 5. JIJU GEORGE, S/O. K.T.OMMEN, KAVUMPATTU HOUSE, NANNUVAKADU, PATHANAMTHITTA. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENT(S): STATE/DEFACTO COMPLAINANT, INJURED PERSON -------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ISSUDHEEN, S/O. ABDUL MANAF, ELPHANA MANZIL, ELAVUMOODU, AYOOR. 3. BILAL, S/O. SHUAIB, PLAMTHOTTATHIL, THONAKKAL, PANDALAM. ADV. SRI.JAYKAR.K.S. FOR R2,3 BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2516 of 2010 -------------------------------------- Dated this the 7th day of July, 2010 ORDER Petitioners, who were accused Nos.1 to 5 in Crime No.678/2008 of Pathanamthitta Police Station registered for offences punishable under Sections 323, 324 and 308 read with 34 IPC in respect of an occurrence which allegedly took place on 26.8.2008 and now pending before the J.F.C.M Court-I, Pathanamthitta as C.P.No.19/2009, seek to quash the entire proceedings on the ground that the matter has been settled between the two injured persons including the de facto complainant as evidenced by the compounding petition filed as Crl.M.A.No.3965/2010. 2. Since on the date of occurrence, the offence punishable under Section 324 IPC was compoundable there can be no objection in the compounding the offences punishable under Sections 323 and 324 IPC. But since the offence punishable under Section 308 IPC is non-compoundable, the petitioners will have to plead for a discharge before the Sessions Court during the preliminary hearing under Section 226 Cr.P.C. Accordingly, if the petitioners surrender before the J.F.C.M Crl.M.C. No.2516 of 2010 2 Court-I, Pathanamthitta in C.P.No.19/2009 within two weeks from today they shall be released on bail and the learned magistrate after complying the Section 207 Cr.P.C shall commit the case to the Court of Sessions without any further delay. The petitioners will be entitled to plead for a discharge in absentia before the Court of Sessions after committal by filing a petition through their counsel. The petitioners may also highlight the fact that the matter has been settled between the injured and the petitioners. This Criminal M.C is disposed of reserving the above right of the petitioners. V.RAMKUMAR, JUDGE dmb