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