IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Crl.Rev.Pet.No. 3761 of 2009() --------------------------------------- CRA.269/2006 of II ADDL. SESSIONS COURT, PALAKKAD CC.23/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/IST ACCUSED -------------------------------------------------------------- PRAKASAN, S/O.BHASKARAN NAIR, THAZHATHETIL HOUSE, PARASSERY, KONGAD, PALAKKAD. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------- 1. P.SIVADASAN, S/O.GOPALAN NAIR, SASTHA NIVAS, VELIKKAD, PALAKKAD. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI VENUGOPAL M.R. SRI.VINOD KUMAR.C FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No 3761 OF 2009 ---------------------------------------- Dated 12th Day of August, 2010 ORDER The revision petitioner is the first accused in a prosecution for the offences punishable under sections 415, 417 and 420 read with Section 34 of IPC. By judgment dated 17.3.2006 in C.C.No.23/2004 of the Judicial First Class Magistrate-II, Palakkad, the revision petitioner is found guilty under section 417 read with Sec.34 of IPC and accordingly, he is sentenced to undergo simple imprisonment for six months. Though an appeal was filed by the revision petitioner, by judgment dated 28.2.2009, in Crl.A.No.269/2006, the II Addl.Sessions Judge, Palakkad dismissed the appeal confirming the conviction but reducing the sentence to simple imprisonment for a period of two months. It is against the above verdicts of the CRL.R.P.NO.3761/09 -:2:- courts below, the revision petitioner preferred this Crl.Revision Petition. 2. During the pendency of the above revision Petition, the matter has been settled out of court between the revision petitioner/Ist accused and the Ist respondent/complainant, on intervention of the mediators. Thus, according to the Ist respondent/complainant, he has no further grievance against the revision petitioner and does not want to prosecute the matter against the revision petitioner. 3. This Court by a separate order in Crl.M.A.No,.7574/2010, allowed the contesting parties to compound the offence punishable under section 417 of IPC for which the revision petitioner stands convicted and sentenced and accordingly the composition is recorded. As the contesting parties have settled the matter amicably, I am of the view that this revision Petition can be disposed of CRL.R.P.NO.3761/09 -:3:- acquitting the revision petitioner/Ist accused by virtue of section 320(8) Cr.P.C. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 17.3.2006 in C.C.No.23 of 2004 of the Judicial First Class Magistrate Court-II, Palakkad and the judgment dated 28.2.2009 in Crl.A.No.269 of 2006 of the court of II Addl.Sessions Judge, Palakkad and acquitting the revision petitioner/Ist accused of all the charges levelled against him in the above case and bail bond if any executed by him is cancelled and he is set at liberty. The Crl.R.P is allowed accordingly. V.K.MOHANAN, JUDGE kvm/- CRL.R.P.NO.3761/09 -:4:-