IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Crl.MC.No. 2270 of 2010() ------------------------- LP.412/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONERS: ACCUSED-A1&2 --------------------------- 1. MENDEZ BERNARD, S/O.SYRIL MENDEZ, DALANDALE, THANKASSERY WARD, PUNNATHALA CHERI, KOLLAM WEST VILLAGE, KOLLAM DIST. 2. SCOT MENDEZ, S/O.SYRIL MENDEZ, MENTAZ VILLA, MANAYIL KULANGARA CHERI, NEAR MEDAYIL JUNCTION, KOLLAM WEST VILLAGE KOLLAM DIST. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2270 of 2010 ---------------------------------- Dated this the 27th day of July, 2010 ORDER The petitioners who are accused Nos.1 and 2 in Crime No.58 of 2004 of Kollam West Police Station for offences punishable under Sections 294(b), 341 & 323 read with Section 34 I.P.C. and now pending before the Judicial Magistrate of the First Class-II, Kollam as L.P.No.412 of 2006 seek to quash the proceedings on the ground that the matter has been settled between the de facto complainant and the petitioners as evidenced by Annexure-B affidavit filed by the de facto complainant. Since the offences punishable under Sections 341 and 323 I.P.C. are compoundable offences, the settlement can be treated as composition and the same is recorded. The petitioners will stand discharged of the said offences. 2. The surviving offence namely the one punishable under Section 294(b) I.P.C., though not compoundable, is not made out from the averments in the complaint for want of the legal requirements as laid down in 2008(1)KHC 330 Crl.M.C.No.2270/2010 : 2 : Preethimon Vs. State of Kerala and the petitioners are discharged of the said offences as well. 3. L.P.No.412 of 2006 pending before the Judicial Magistrate of the First Class-II, Kollam shall stand quashed. This Criminal M.C. is allowed as above. V.RAMKUMAR, JUDGE skj