IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 312 of 2010()
1. SUDHAS
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.S.K.SAJU
For Respondent :SMT.M.LISHA
The Hon'ble MR. Justice P.BHAVADASAN
Dated :11/02/2010
O R D E R
P.BHAVADASAN, J.
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Crl.M.C.No.312 OF 2010
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Dated this the 11th day of February, 2010
O R D E R
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In this proceedings under Section 482 of the Code of
Criminal Procedure, the petitioner seeks to have all further
proceedings in Crime No.98/2009 of Kasaba Police Station
quashed.
2. The petitioners are the accused Nos. 1 to 5 in Crime
No.98/2009 of Kasaba Police Station for having committed the
offences punishable under Sections 143, 147, 148, 341, 323and
324 read with Section 149 of the Indian Penal Code. The
incident occurred between two groups of students in a college.
3. It is unnecessary to go into the details of the case in the
light of the manner in which this petition is proposed to be
disposed of.
4. The injured in this case, the 2nd respondent herein,
seems to have settled the dispute between him and the
petitioners, who are the accused. It is stated in the statement
that the injured has no further grievance in this regard.
Crl.M.C.No.312/2010 2
5. True, the offences under Sections 143, 147 and 148
read with Section 149 of the Indian Penal Code are non-
compoundable. But, the other Sections, namely, Sections 341, 323
and 324 are compoundable offences. In the statement given by the
defacto complainant, he has stated that he has no complaint
against the petitioners. It will be a futile exercise to direct the
petitioner to face the ordeal of a trial.
6. In the light of the decisions in Madan Mohan Abbot v.
State of Punjab (2008(3) KLT 19 SC) and Manoj Sharma v.
State (2008(4) KLT 417), it is only proper that the proceedings are
given a quietus.
In the result, this petition is allowed and the proceedings in
C.C.No.273/2009, pending before the Chief Judicial Magistrate
Court, Kozhikode shall stand quashed and all further proceedings
as against the petitioners shall stand dropped.
(P.BHAVADASAN, JUDGE)
ps