IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 539 of 2008(F) ------------------------ CC.415/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI CRIME NO. 65/2005 of PALISSERY POLICE STATION .................... PETITIONER: ACCUSED 1. VINEESH, S/O.VELAYUDHAN, AGED 23 YEARS, KOZHINJIPARAMBIL HOUSE, P.O.MEZHATHUR, THRITHALA. 2. RATHEESH, S/O.KRISHNAN KUTTY, AGED 23 YEARS, KOZHINJIPARAMBIL VEEDU, P.O.MEZHATHUR, KODANADU. 3. SATHEESH, S/O.SANKARAN, AGED 28 YEARS, KOZHINJIPARAMBIL VEEDU, P.O.MEZHATHUR, KODANADU. 4. VINEESH, S/O.CHAKKAI, AGED 24 YEARS, OTTIRIPALLIYALIL HOUSE, P.O.MEZHATHUR. 5. SANTHOSH, S/O.SANKARAN, AGED 32 YEARS, KOZHINJIPARAMBIL VEEDU, P.O.MEZHATHUR, KODANADU. BY ADV. SRI.IEANS.C.CHAMAKKALA SRI.S.ASHOK KUMAR. RESPONDENTS: COMPLAINANT 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, PALISSERY POLICE STATION. 2. JANAKI, W/O.KANDAPPAN, AGED 74 YEARS, OTTIRI HOUSE, VADAKKE VAVANNUR, PALISSERY KARA, PALAKKAD. BY PUBLIC PROSECUTOR SRI.KRISHNA PRASAD. S THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 539 of 2008 ========================== Dated this the 7th day of March, 2008. O R D E R The petitioners stand charge sheeted by the Palissery police in Crime No. 65 of 2005 for offences punishable under Sections 143, 147, 427, 447 and 506(1) r/w Section 149 IPC. The occurrence took place on 07.03.2005 at about 9.30 a.m. The case is now pending before the Judicial First Class Magistate, Pattambi as C.C. No. 41 of 2005. 2. Pending the above C.C case, the parties have settled the matter and Crl.M.A No. 1073 of 2008 has been filed under Section 320 IPC seeking to compound the offences. 3. The offences punishable under Sections 427, 447 and 506(1) IPC are permitted to be compounded and the composition is recorded. This will have the effect of an acquittal of the petitioners of the offences punishable under Sections 427, 447 and 506(1) IPC in view of Section 320(8) Cr.P.C. 4. Since the compoundable offences have been compounded, the offences punishable under Sections 143, 147 CRL.M.C. NO. 539/2008 : 2: and 149 cannot survive as it cannot be said that the 5 accused persons formed an unlawful assembly for the purpose of committing offences punishable under Sections 427, 447 and 506 (ii) IPC. Accordingly, C.C No. 415/2005 on the file of the Judicial First Class Magistrate, Pattambi so far as it relates to the said offences will stand quashed. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 539/2008 : 3: