Saneesh And Others vs Sarath And Another on 12 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2625 of 2010()



1. SANEESH AND OTHERS
                      ...  Petitioner

                        Vs

1. SARATH AND ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.SREEJITH S.NAIR

                For Respondent  :SRI.M.C.ANISH

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :12/07/2010

 O R D E R
                      V.RAMKUMAR, J.
               -------------------------------------
               Crl.M.C. No. 2625 of 2010
               --------------------------------------
          Dated this the 12th day of July, 2010

                             ORDER

Petitioners, who were the accused in Crime No.129/2009

of Chengamanadu Police Station for offences punishable

under Sections 143, 147, 148 and 324 read with 149 IPC and

now pending before the J.F.C.M Court-I, Aluva as

C.C.No.2066/2009 seek to quash the proceedings on the

ground that the matter has been settled between the de facto

complainant, the injured and the petitioners as evidenced by

the Crl.M.A.No.4114/2010, which is a petition filed for

compounding the offences.

2. The only offence which is compoundable is one

punishable under Section 324 IPC which was compoundable

till 31.12.2009. The offences in this case were committed on

16.2.2009 on which date the offence punishable under Section

324 IPC was compoundable. Accordingly, composition of the

offence punishable under Section 324 IPC is accepted and it

will have the effect of discharging the petitioners of the said

offence.

Crl.M.C. No.2625 of 2010
: 2 :

3. Since the prosecution case is that the accused

persons formed themselves into an unlawful assembly for the

purpose of committing an offence which is punishable under

Section 324 IPC, the unlawful assembly will have no legs to

stand on if the offence punishable under Section 324 IPC is

not made out. In the light of the composition of the said

offence it cannot be said that there was any unlawful

assembly formed. If so, the offences punishable under Section

143 and 147 read with 149 cannot survive. The petitioners

will stand discharged of those offences also.

C.C.No.2066/2009 pending before the J.F.C.M Court,

Kothamangalam shall stand quashed. This Criminal M.C is

allowed as above.

V.RAMKUMAR, JUDGE

dmb