IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 2783 of 2006()
1. SAJEEVAN & ANOTHER
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.M.L.SAJEEVAN
For Respondent :SRI.P.LEAN JOSE
The Hon'ble MR. Justice R.BASANT
Dated :16/08/2006
O R D E R
R. BASANT, J.
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Crl.R.P.No. 2783 of 2006
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Dated this the 16th day of August, 2006
O R D E R
This revision petition is directed against the concurrent verdict
of guilty, conviction and sentence in a prosecution under Section 324
I.P.C.
2. When this revision petition came up for hearing, it is
submitted at the Bar by counsel for the rival contestants that the
matter has been settled and the offence has been compounded by the
defacto complainant/PW1. A joint compromise petition duly signed
by the rival contestants and counter signed by their respective
counsel is also filed. Both pray that the application may be accepted
and the composition approved.
3. From the submissions made at the Bar and the joint
application filed by the parties, I am satisfied that the parties have
willingly, voluntarily and genuinely settled their disputes and the
defacto complainant has compounded the offence. The offence is
Crl.R.P.No. 2783 of 2006 2
compoundable under Section 320(2) Cr.P.C. and permission of the Court
is required. Since the composition is at the stage of revision, permission
under Section 320(6) Cr.P.C. is also required. In the facts and
circumstances I am satisfied that such permission can be granted and the
composition can be accepted.
4. In the result:
(a) Crl.M.A.No. 8093 of 2006 is allowed granting the requisite
leave under Sections 320(2) and 320(6) Cr.P.C. and the composition is
accepted.
(b) The acceptance of the composition shall have the effect of
acquittal of the accused of the offences alleged as stipulated under Section
320(8) Cr.P.C.
) Consequently, this revision petition is allowed. The impugned
judgments are set aside. The bail bond executed by the accused shall stand
discharged and he is set at liberty.
(R. BASANT)
Crl.R.P.No. 2783 of 2006 3
Judge
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