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Judgment
V. Ramkumar, J.—Petitioners who are accused Nos. 3, 5 and 6 in Crime No. 369/2006 of Museum Police Station, Thiruvananthapuram for offences punishable under Sections 143, 147, 148, 323 and 324 read with 149 IPC and now pending before the Chief Judicial Magistrate, Thiruvananthapuram as C.C. No. 39/2007 seeks to quash the proceedings on the ground that the offences have been compounded.
Since the occurrence took place on 21.12.2006 at a time when an offence punishable u/s 324 IPC was compoundable, I am inclined to extend the benefit of composition with regard to the said offence to the petitioner. Except the offence punishable under Sections 323 and 324 IPC, rest of the offences are not compoundable. Hence the composition entered into between the de facto complainant and the other injured on the one hand and the petitioners on the other can relate only to the offences punishable under Sections 323 and 324 IPC and the said composition is recorded. It will have the effect of discharging the petitioner of the said offences. The learned Counsel appearing for the de facto complainant and the other injured person also admitted that the matter has been settled between the parties.
In the light of the composition of the offences punishable under Sections 323 and 324 IPC, the rest of the offences punishable under Sections 143, 147, 148 and 149 cannot survive because unlawful assembly allegedly formed was for the purpose of committing the aforementioned offences which have been compounded. Accordingly the petitioners are discharged of the offences punishable under Sections 143, 147, 148 and 149 IPC.
The result of the foregoing discussion is that C.C. No. 39 of 2007 on the file of C.J.M, Thiruvananthapuram, so far as it relates to the petitioners shall stand quashed.
Dated this the 4th day of August, 2010.