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.
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Crl.M.C.No.2514 of 2010
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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
