IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 Crl.Rev.Pet.No. 2950 of 2008() ------------------------------ CRA.NO. 313/06 OF ADDL. SESSIONS JUDGE (ADHOC-1),MANJERI C.C. NO. 143 OF 2007 OF J.F.C.M., NILAMBUR REVN. PETITIONER: ------------------ ASKAR, S/O.MOIDEENKUTTY (LATE) AMPALASSERI HOUSE, KATTUPOYIL, KATTUMUNDU, MEEPADAM PO., MAMPAD VIA., NILAMBUR TALUK. BY ADV. SMT.MABLE.C.KURIAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, NILAMBUR. 2. JASEELA, 28 YEARS, D/O.KUNJARAMU, KATTUMUNDA HOUSE, MAMBAD, PALLIKKUNNU, NILAMBUR, MALAPPURAM. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM FOR R2 PUBLIC PROSECUTOR C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 2950 of 2008 * * * * * * * * * * * * * * * * * * Dated: 27-08-2008 ORDER Revision petitioner was the first accused inC.C. No. 143 of 2007 on the file of the J.F.C.M. Nilambur which is a prosecution at the instance of his wife for offences punishable under Sections 406 and 498 A read with Sec. 34 I.P.C. The trial court acquitted him of the offence punishable under Sec. 406 read with Sec. 34 I.P.C. He was convicted only for the offence punishable under Sec. 498 A. Aggrieved by the conviction, he preferred an appeal before the Sessions Court , Manjeri as Crl. Appeal 313 of 2006. As per judgment dated 2-2-2008 the said appeal was dismissed confirming the conviction and sentence passed against him. Hence, this Revision. 2. Pending this revision, the revision petitioner and his wife (the de facto complainant) have settled the matter and they have filed Crl.M.A. No. 8894 of 2008 under Sec. 482 Cr.P.C. for quashing the judgments under appeal. The learned counsel appearing for the de facto complainant also submitted that the matter has been squared up between the marital partners. If so, Crl.R.P. No. 2950 of 2008 -:2:- in view of the decision in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) and Madan Mohan Abbot v. State of Punjab - 2008 (3) KLT 191 (SC), the said request is liable to be granted. Accordingly the conviction entered and the sentence passed against the revision petitioner under Sec. 498 A IPC shall stand set aside and he shall stand acquitted of the said offence. This Revision is allowed as above. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.