IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Crl.MC.No. 1120 of 2010() ------------------------- CC.418/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), MANJERI ............ ......................... (CRIME NO.516/2006 OF KONDOTTY POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ ASHARAF, S/O. VEERAN, VATTAPARAMBU HOUSE,MUNDAPALAM, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE & INJURED: -------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.,KOCHI 31. 2. URUNIKULAVAN MAMMADESSA, S/O.MUHAMMED, CHEMMANIKKARA, MUNDAPALAM, KONDOTTY, MALAPPURAM DISTRICT. 3. MURINGOLIL RASHEED ALI, S/O.MUHAMMED SYED, MURINGOLI HOUSE, THURAKKAL, KONDOTTY, MALAPPURAM DISTRICT. 4. CHEERANKUZHIYAN ABU HURAIRA, S/O.ABOOBACKER, PATTAMMAL HOUSE, MUDAPALAM,KONDOTTY, MALAPPURAM DISTRICT. 5. ILLIAS, S/O.KUTTAIALI, EDANGATTU HOUSE, MUNDAPALAM, KONDOTTY, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. C.S. HRITWITK R2 TO R5 BY ADV. SMT.VRINDA PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1120 of 2010 - - - - - - - - - - - - - - - - DATED: 10th August, 2010 O R D E R Petitioner who is the 5th accused in Crime No. 516 of 2006 of Kondotty Police Station for offences punishable under Sections 143, 147, 148, 323, 324 and 506 (ii) read with Sec. 34 I.P.C. and presently the sole accused in C.C. No. 418 of 2008 on the file of the J.F.C.M. II (Forest Offences), seeks to quash the proceedings against him on the ground that the matter has been settled between the four injured persons and the petitioner as evidenced by Annexure B joint petition. 2. The occurrence took place in the year 2006 at a time when the offence under Sec. 324 was also compoundable. If so, the offences punishable under Sections 323, 324 and 506 (i) are compoundable and the composition with regard to those offences can be recorded and the petitioner is discharged of the said offences. 3. The surviving offences which are non-compoundable are those punishable under Sections 143, 147 and 148 I.P.C. The unlawful assembly was allegedly formed for the purpose of Crl.M.C. No. 1120 of 2010 -:2:- committing offences punishable under Sections 323, 324 and 506 (i) I.P.C. all of which have been compounded. If so, the petitioners are entitled to be discharged of the offences punishable under Sections 143, 147 and 148 I.P.C. which cannot have any independent legs to stand on. Accordingly, this Crl.M.C. is allowed. C.C. No. 418/2008 on the file of the J.F.C.M. II (Forest Offences), Manjeri shall stand quashed. Dated this the 10th day of August, 2010. Sd/- V.RAMKUMAR, JUDGE. ani. /true copy/ P.S. to Judge Crl.M.C. No. 1120 of 2010 -:3:-