CHERIPATH IBRAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in a prosecution for offences punishable under Sections 341, 323, 354 and 294(b) I.P.C. All offences except the offence punishable under Section 294(b) are compoundable. The second respondent is the defacto complainant.

(2.) The petitioner asserts and the respondent through her counsel accepts that the dispute between the parties have been settled amicably and that the second respondent has compounded all offences allegedly committed by the petitioner. Cognizance has been taken on the basis of the final report submitted by the police after due investigation.

(3.) The prayer of the petitioner and the second respondent jointly is that powers under Section 482 Cr.P.C may be invoked to quash the proceedings against the petitioner on the ground that the disputes have been settled. Since the alleged offences include the offence punishable under Section 294(b) I.P.C, which is not declared by law to be compoundable, the learned counsel for the petitioner was requested to explain how the composition can be accepted and reckoned as a sufficient ground to quash the proceedings.