IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1090 of 2010()
1. ACHUMMANTAKATH SHAHUL HAMEED,
... Petitioner
Vs
1. STATE OF KERALA-REPRESENTED BY THE
... Respondent
2. K.P.MAHAMOOD HAJI,KALATHILE PURAYIL
For Petitioner :SRI.SOJAN MICHEAL
For Respondent :SRI.NISHIL.P.S.
The Hon'ble MR. Justice V.RAMKUMAR
Dated :31/05/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.1090 of 2010
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Dated this the 31st day of May, 2010
ORDER
The petitioner who is the seventh accused in Crime
No.126/95 of Payangadi Police Station and presently the
fourth accused in L.P.C.No.160/2002 on the file of the Judicial
Magistrate of the First Class Court, Payyannur for offence
punishable under Sections 143, 147, 148, 323 and 324 read
with Section 149 of I.P.C. seeks to quash all further
proceedings in the above case mainly for the reason that the
matter has since been settled between the de facto
complainant/injured and the petitioner as evidenced by
Annexure -2 affidavit. The date of occurrence was 28/5/1995
at a time when the offence punishable under Section 324 I.P.C
was compoundable. Three of the co-accused in the case have
admittedly been acquitted in appeal.
2. The composition of the offences under Sections 323
and 324 I.P.C. as between the de facto complainant and the
petitioner is accepted and it will have to the effect of
discharge of the accused of the said offence.
3. When the prosecution case is that the unlawful
Crl.M.C.No.1090/2010
: 2 :
assembly was formed for the purpose of committing offences
punishable under Sections 323 and 324 I.P.C and when the
said offences have been compounded and the accused
discharged, there cannot be any unlawful assembly and the
offences under Sections 143, 147, 148 read with Section 149
I.P.C. cannot have any independent existence and the
petitioner is discharged of the said offences as well.
The Criminal M.C is allowed.
V.RAMKUMAR, JUDGE
skj