IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3130 of 2010()
1. M.K.ABDUL NAZAR, AGED 28,
... Petitioner
2. JABIR P.P., AGED 36, S/O.ABDULLA,
3. NISHANTH, AGED 35, S/O.SADASIVAN KOOLI,
4. PRADEESHAN P., AGED 33, S/O.SANKARAN,
5. SANTHOSH P.M., AGED 34, S/O.UNNI,
6. SATHYANATHAN T., AGED 42,
Vs
1. STATE OF KERALA TO BE REPRESENTED BY
... Respondent
2. STATION HOUSE OFFICER, CHOKLI POLICE
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/08/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C. No.3130 of 2010
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Dated: 12.08.2010
ORDER
The de facto complainant and accused Nos.1 to 5 in
C.C.No.45/2009 on the file of the J.F.C.M, Thalassery for
offences punishable under Sections 143,147,148,341,323,324
read with 149 IPC seeks to quash the proceedings on the ground
that the matter has been settled between them as evidenced by
Annexure III compromise petition.
2. Since the occurrence took place on 7.10.2008 at a time
when the offence punishable under Section 324 was
compoundable, I am inclined to permit the composition of the
said offence. Accordingly, composition of the offences
punishable under Sections 341,323 and 324 is recorded and
petitioners 2 to 6 are discharged of the said offences.
3. Except the offences punishable under Sections 341,323
and 324 IPC, rest of the offences are not compoundable. Hence
the composition entered into between the de facto complainant
and the accused can relate only to the offences punishable under
Sections 341, 323 and 324 IPC and the said composition iss
Crl. M.C. No.3130 of 2010
2
recorded.
4. In the light of the composition of the offences punishable
under Sections 341, 323 and 324 IPC, the rest of the offences
punishable under Sections 143,147, 148 and 149 cannot survive
because the unlawful assembly allegedly formed was for the
purpose of committing the aforementioned offences which have
been compounded. Accordingly the petitioners 1 to 6 are
discharged of the offences punishable under Sections
143,147,148 and 149 IPC as well.
The result of the foregoing discussion is that C.C.No.45 of
2009 on the file of J.F.C.M, Thalassery shall stand quashed.
Dated this the 12th day of August, 2010
V. RAMKUMAR,
(JUDGE)
sj