High Court Kerala High Court

Meharoof vs State Of Kerala Represented By on 19 July, 2010

Kerala High Court
Meharoof vs State Of Kerala Represented By on 19 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1690 of 2010()


1. MEHAROOF, S/O.RASHEED,
                      ...  Petitioner
2. SHANAVAS, S/O.HASSAN HAJI,
3. SHAFEEQUE, S/O.MOIDEENKOYA,

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.C.S.MANU

                For Respondent  :SRI.A.MOHAMMED SAVAD

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :19/07/2010

 O R D E R
                         V.K. MOHANAN, J.
                         --------------------------------
                     Crl. R.P. No.1690 of 2010
                  ----------------------------------------------
                Dated this the 19th day of July, 2010


                                O R D E R

Crl. M.A. No. 5671 of 2010

This is an application preferred by the revision petitioners

to implead the defacto-complainant in C.C.No.385/2006 of the

Special Judicial First Class Magistrate Court (Marad Cases),

Kozhikode. The main reason stated by the counsel for the

revision petitioners is that the matter has been settled out of

court. The counsel appearing for the persons sought to be

impleaded is not controverted above submission. Therefore, the

petition is allowed impleading the additional respondents.

Crl. M.A. No. 6064 of 2010

This is an application filed u/s.320 Cr.P.C, seeking

permission of this court to compound the offences u/s. 341, 323

and 506(2) of I.P.C for which the revision petitioner is stand

convicted and sentenced, the challenge against which is the

subject matter of this revision petition.

2. In the above compounding petition, it is stated that the

Crl. R.P. No.1690/2010
2

parties have amicably compromised and settled the dispute out

of court and the additional respondent/ the defacto complainant

has no further grievance and he do not want to prosecute the

matter further. It is also stated that as the matter has been

settled out of Court, the revision petitioner may be acquitted.

3. Having regard to the facts and circumstances involved

in the case and in the light of the amicable settlement of the

dispute between the parties and as I am satisfied with the terms

of the settlement, this petition is allowed permitting the

contesting parties to compound the offences and accordingly the

composition is recorded.

Crl. R.P. No.1690/2010

The accused, in C.C.No.385/2006 on the file of the Court of

the Special Judicial First Class Magistrate, (Marad Cases),

Kozhikode and the Crl. AppealNo.744/2008 on the file of the

Court of Additional Sessions Judge, Fast Track(Ad hoc- II)

Kozhikode, preferred this revision petition challenging his

conviction and sentence u/s. 341, 323 and 506 (2)of I.P.C.

2. While the revision petition is pending before this Court,

the contesting party have settled the dispute out of court and

Crl. R.P. No.1690/2010
3

accordingly they have filed a compounding petition in this court,

which was allowed by this court today, by the order of

Crl.M.A.No.6750/2010. In the light of the composition of the

offences between the contesting parties which are recorded, the

compounding of the offence will mount acquitted, by virtue to

section 320(8) of Cr.P.C.

In the result, this revision petition is allowed, setting aside

the judgment of the courts below and acquitting the revision

petitioners of all the charges levelled against them and they are

set at liberty. Revision petition is allowed accordingly.

V.K. MOHANAN,
JUDGE.

SS/.