IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1849 of 2010()
1. JAMSHIR
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.S.MANU (PUNUKKONNOOR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/06/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No.1849 of 2010
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Dated this the 7th day of June, 2010
ORDER
Petitioner, who is the fifth accused in Crime No.239/07
of Kunnamangalam Police Station and now pending before the
J.F.C.M Court, Kunnamangalam as C.C.No.507/08 for offences
punishable under Sections 143, 147, 341 and 323 read with
149 IPC, seeks to quash the proceedings on the ground that
the matter has been settled between the de facto complainant,
injured and the petitioner. The other accused in the case have
been acquitted after trial in C.C.No.782/07.
Since the offences punishable under Sections 341 and
323 are compoundable, there cannot be any objection in
permitting composition of those offences. The composition is
recorded. The unlawful assembly was allegedly formed for the
purpose of committing offences punishable under Section 341
and 323. Now with the composition of these two offences, the
alleged unlawful assembly, cannot have any independent legs
to stand on. Accordingly, the petitioner shall stand discharged
of the offences punishable under Sections 143, 147 and 149
IPC as well. This Criminal M.C is disposed of as above.
V.RAMKUMAR, JUDGE
dmb