IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2827 of 2010()
1. ACHUMMANTAKATH SHAHUL HAMEED,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. S.V.MAHAMOOD, S/O.ABDULLA,
3. AYISHA, W/O.MAHAMOOD,
For Petitioner :SRI.SOJAN MICHEAL
For Respondent :SRI.NISHIL.P.S.
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/07/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.2827 of 2010
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Dated this the 23rd day of July, 2010
ORDER
Petitioner, who is the 2nd accused in Crime No.127/1995 of
Payangadi Police Station for offences punishable under Sections
143,147,148,448,427,323 and 324 read with 149 IPC and now
pending before the J.F.C.M, Payyanur as L.P.C.No.132/2003
seeks to quash the proceedings against him on the ground that
the matter has been settled between him and the de facto
complainant and another injured as evidenced by Annexures 3
and 4 affidavits by the two injured persons.
2. The learned counsel appearing for the de facto
complainant and the other injured person also admitted that the
matter has been settled between the parties. Since offences
punishable under Sections 448, 427, 323 and 324 IPC are
compoundable (Section 324 IPC being compoundable on the date
of commission of the offence), the said composition is accepted
and the petitioner shall stand discharged of those offences.
In the light of the composition of the offences punishable
Crl. M.C. No.2827 of 2010
2
under Section 448,427,323 and 324 IPC, the rest of the offences
punishable under Sections 143,147 and 148 cannot survive
because unlawful assembly allegedly formed was for the purpose
of committing the aforementioned offences which have been
compounded. Accordingly the petitioner is discharged of the
offences punishable under Sections 143,147,148 and 149 IPC.
The result of the foregoing discussion is that L.P.C.No.132
of 2003 on the file of J.F.C.M, Payyannur, so far as it relates to
the petitioner shall stand quashed.
Dated this the 23rd day of July, 2010.
V. RAMKUMAR, JUDGE
sj