IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3300 of 2010()
1. K.P.MUHAMMAD RAFEEQ,
... Petitioner
2. MUHAMMAD IQBAL,
Vs
1. STATE OF KERALA (CRIME NO.247/05,
... Respondent
For Petitioner :SRI.SOJAN MICHEAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :20/08/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No. 3300 OF 2010
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Dated this the 20th day of August, 2010
ORDER
Petitioners, who are accused Nos.1 to 5 in Crime
No.247/2005 of Badiadka Police station for offences
punishable under Sections 143, 147, 148, 341 and 324 read
with 149 IPC and who were absconding in C.C.No.29/2006 on
the file of the J.F.C.M Court-I, Kazargod and whose case has
been re-registered as C.C.No.1065/2009 before the said court,
seek to quash the proceedings on the ground that the matter
has been compromised between the three injured persons and
the petitioners. Even though the offences punishable under
Sections 143, 147, 148 and 149 are not compoundable, the
rest of the offences are compoundable and since the date of
occurrence was 15.11.2005, at a time when the offence
punishable under Section 324 IPC was compoundable, I am
inclined to extent the benefit of composition of those three
offences and the petitioners will stand discharged of the said
offences. The surviving offences 143, 147, 148 and 149
cannot have any separate existence since even according to
the prosecution, the unlawful assembly was formed for the
Crl.M.C. No.3300 OF 2010
: 2 :
purpose of committing offences punishable under Sections
341 and 324 which have been compounded. Accordingly, the
petitioners are discharged of the offences punishable under
Section 143, 147, 148 and 149 IPC as well. Consequently,
C.C.No.1065/2009 on the file of the J.F.C.M Court-I, Kazargod
shall stand quashed.
V.RAMKUMAR, JUDGE
dmb