IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3478 of 2010() ------------------------- (CRIME NO.126/1995 OF PAYYANGADI POLICE STATION) .CC.654/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED ---------------------- MANNAN RAZACK S/O.HAMZA, AGED 40 YEARS, MADAI AMSOM, KOYI BAZAR, PAYYANAGADI, KANNUR DISTRICT. BY ADV. SRI.E.N.VISHNU NAMBOODIRI SRI.N.N.ELAYATH SRI.S.P.SURESH SRI.ROY THOMAS (MUVATTUPUZHA) RESPONDENTS: STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. STATE OF KREALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.P.MOHAMMED HAJI, KALATHKILPURAYIL HOUSE, S/O.ABDUL RAHIMAN, PUTHIYANGADI P.O. MADAYI, KANNUR. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3478 of 2010 ---------------------------------------- Dated this the 19th day of August, 2010 ORDER The petitioner who is the 4th accused in C.C.No.443 of 1995 on the file of the Judicial Magistrate of the First Class, Payyannur arising out of Crime No.126 of 1995 of Payyangadi Police Station for offences punishable under Sections 143, 147, 148, 323 & 324 read with Section 149 I.P.C., seeks to quash all the further proceedings in the above case mainly for the reason that the matter has since been settled between the de facto complainant/injured and the petitioner as evidenced by Annexure-A2 affidavit. 2. Since the date of occurrence took place on 28/5/1995 on which day the offence punishable under Section 324 I.P.C. was compoundable, I am inclined to treat the said offence as compoundable. The other offence punishable under Section 323 I.P.C. is admittedly compoundable. Accordingly, the settlement so far as it relates to Sections 323 & 324 I.P.C. is accepted and the petitioner is discharged of the said Crl.M.C.No.3478/2010 : 2 : offences. 3. The unlawful assembly was formed for the purpose of committing offences punishable under Sections 323 & 324 I.P.C. which have been compounded. Hence, the offfences punishable under Sections 143, 147, 148 & 149 I.P.C. cannot have any independent existence. The petitioner shall stand discharged of the said offences also. C.C.No.654/2008 on the file of the Judicial Magistrate of the First Class, Payyannur so far it relates to the petitioner shall stand quashed. V.RAMKUMAR, JUDGE skj