High Court Kerala High Court

K.P.Muhammad Rafeeq vs State Of Kerala (Crime No.247/05 on 20 August, 2010

Kerala High Court
K.P.Muhammad Rafeeq vs State Of Kerala (Crime No.247/05 on 20 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3300 of 2010()


1. K.P.MUHAMMAD RAFEEQ,
                      ...  Petitioner
2. MUHAMMAD IQBAL,

                        Vs



1. STATE OF KERALA (CRIME NO.247/05,
                       ...       Respondent

                For Petitioner  :SRI.SOJAN MICHEAL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/08/2010

 O R D E R
                      V.RAMKUMAR, J.
               -------------------------------------
               Crl.M.C. No. 3300 OF 2010
               --------------------------------------
         Dated this the 20th day of August, 2010

                             ORDER

Petitioners, who are accused Nos.1 to 5 in Crime

No.247/2005 of Badiadka Police station for offences

punishable under Sections 143, 147, 148, 341 and 324 read

with 149 IPC and who were absconding in C.C.No.29/2006 on

the file of the J.F.C.M Court-I, Kazargod and whose case has

been re-registered as C.C.No.1065/2009 before the said court,

seek to quash the proceedings on the ground that the matter

has been compromised between the three injured persons and

the petitioners. Even though the offences punishable under

Sections 143, 147, 148 and 149 are not compoundable, the

rest of the offences are compoundable and since the date of

occurrence was 15.11.2005, at a time when the offence

punishable under Section 324 IPC was compoundable, I am

inclined to extent the benefit of composition of those three

offences and the petitioners will stand discharged of the said

offences. The surviving offences 143, 147, 148 and 149

cannot have any separate existence since even according to

the prosecution, the unlawful assembly was formed for the

Crl.M.C. No.3300 OF 2010
: 2 :

purpose of committing offences punishable under Sections

341 and 324 which have been compounded. Accordingly, the

petitioners are discharged of the offences punishable under

Section 143, 147, 148 and 149 IPC as well. Consequently,

C.C.No.1065/2009 on the file of the J.F.C.M Court-I, Kazargod

shall stand quashed.

V.RAMKUMAR, JUDGE

dmb