IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 476 of 2007()
1. VISWANATHAN,
... Petitioner
2. RADHAKRISHNAN,
3. SANTHOSH, S/O.SIVANKUTTY,
4. SARADA,
Vs
1. SANTHAMMA BALAN,
... Respondent
2. STATE OF KERALA REPRESENTED BY
For Petitioner :SRI.P.HARIDAS
For Respondent :SRI.LOVEJITH K.ANAND
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/02/2009
O R D E R
V. RAMKUMAR, J.
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Crl.R.P.No.476 of 2007
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Dated this the 16th day of February, 2009
O R D E R
In this revision filed under Sec. 397 read with Sec.401 Cr.P.C.
the petitioners, who are the accused in C.C. No. 352 of 2002 on the
file of the J.F.C.M-II, Pathanamthitta for offences punishable under
Sections 4 of the Dowry Prohibition Act, challenge the conviction
entered and the sentence passed against them concurrently by the
courts below for the aforesaid offence.
2. The case of the prosecution is that the petitioners obtained
10 cents of land and made an additional demand of Rs.One lakh for
the petitioner marrying the niece of the de facto complainant. They
have thereby committed the aforementioned offence.
3. Pending this revision the revision petitioners and the 1st
respondent/complainant have settled the matter and the petitioners
are alleged to have disgorged whatever they had received in
consideration of the marriage. They have also filed
Crl.M.A.No.541/2009 under Section 482 Cr.P.C requesting to
Crl.R.P.No.476 of 2007
2
compound the offence and acquitting the petitioners .
4. Since the matter was a private dispute between the accused
persons and the de facto complainant, applying the ratio in Madan
Mohan Abbot v. State of Punjab (2008(4) SCC 582), the offence is
permitted to be compounded and it will have the effect of acquitting
the revision petitioners of the offence punishable under Section 4 of
the Dowry Prohibition Act.
In the result, this Revision is disposed of as above.
Dated this the 16th day of February, 2009
V.Ramkumar, Judge.
sj