Loading...

Gopalakrishnan vs State Of Kerala on 27 July, 2010

Kerala High Court
Gopalakrishnan vs State Of Kerala on 27 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2514 of 2010()


1. GOPALAKRISHNAN,
                      ...  Petitioner
2. NANDAKUMAR,
3. MURALEEDHARAN, AGED 36 YEARS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. UDAYA BHANU,

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :SRI.VINOD KUMAR.C

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :27/07/2010

 O R D E R
                       V.RAMKUMAR, J.
                   ---------------------------------
                   Crl.M.C.No.2514 of 2010
                  ----------------------------------
             Dated this the 27th day of July, 2010

                              ORDER

The petitioners who are accused Nos.1 to 3 in Crime

No.223/2003 of Central Police Station, Ernakulam and now

pending before the Judicial Magistrate of the First Class-II,

Ernakulam as C.C.No.1201/2003 for offences punishable

under Sections 447, 323, 324, 294(b) & 341 read with Section

34 I.P.C., seek to quash the proceedings on the ground that

the matter has since been settled between the de facto

complainant and the petitioners as evidenced by Annexure-2

affidavit filed by the de facto complainant who is the second

respondent herein.

2. Among the aforementioned offences the offence

punishable under Section 294(b) I.P.C. is non-compoundable.

Eventhough offence under Section 324 I.P.C. has become non-

compoundable with effect from 31/12/2009, since the

occurrence in this case took place on 14/4/2003 at a time

when the said offence was compoundable, I am inclined to

extend the benefit of composition regarding that offence also.

Crl.M.C.No.2514/2010
: 2 :

Hence the petitioners are discharged of the offences

punishable under Sections 447, 323, 324 & 341 read with

Section 34 I.P.C.

3. The surviving offence namely the one punishable

under Section 294(b) I.P.C. though not compoundable is not

made out from the averments in the final report. The

necessary ingredients of the said offence as laid down in

2008(1)KHC 330 Preethimon Vs. State of Kerala are

lacking. Hence the petitioners cannot be charged for the said

offence and are entitled to discharge of the said offence as

well.

The result of the foregoing discussion is that

C.C.No.1201/2003 pending before the Judicial Magistrate of

the First Class-II, Ernakulam shall stand quashed.

This Criminal M.C. is allowed as above.

V.RAMKUMAR, JUDGE

skj

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information