IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2827 of 2010() ------------------------- LPC.132/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED NO.2 --------------------------------------------------- ACHUMMANTAKATH SHAHUL HAMEED, S/O.MUHAMMED KUNHI, PUTHIYANGADI, MADAI P.O., KANNUR. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.V.MAHAMOOD, S/O.ABDULLA, SEERE VALAPPIL (H), PUTHIYANGADI, P.O.MADAYI, KANNUR. 3. AYISHA, W/O.MAHAMOOD, PUTHIYANGADI, P.O.MADAYI, KANNUR. ADV. SRI.NISHIL.P.S. FOR R2 & 3 PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2827 of 2010 = = = = = = = = = = = = = = Dated this the 23 rd day of July, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.127/1995 of Payangadi Police Station for offences punishable under Sections 143,147,148,448,427,323 and 324 read with 149 IPC and now pending before the J.F.C.M, Payyanur as L.P.C.No.132/2003 seeks to quash the proceedings against him on the ground that the matter has been settled between him and the de facto complainant and another injured as evidenced by Annexures 3 and 4 affidavits by the two injured persons. 2. The learned counsel appearing for the de facto complainant and the other injured person also admitted that the matter has been settled between the parties. Since offences punishable under Sections 448, 427, 323 and 324 IPC are compoundable (Section 324 IPC being compoundable on the date of commission of the offence), the said composition is accepted and the petitioner shall stand discharged of those offences. In the light of the composition of the offences punishable Crl. M.C. No.2827 of 2010 2 under Section 448,427,323 and 324 IPC, the rest of the offences punishable under Sections 143,147 and 148 cannot survive because unlawful assembly allegedly formed was for the purpose of committing the aforementioned offences which have been compounded. Accordingly the petitioner is discharged of the offences punishable under Sections 143,147,148 and 149 IPC. The result of the foregoing discussion is that L.P.C.No.132 of 2003 on the file of J.F.C.M, Payyannur, so far as it relates to the petitioner shall stand quashed. Dated this the 23rd day of July, 2010. V. RAMKUMAR, JUDGE sj