IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Crl.Rev.Pet.No. 2956 of 2010() ------------------------------ CRA.214/2008 of ADDL. SESSIONS COURT (ADHOC)-II, ALAPPUZHA CC.551/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... REVISION PETITIONER(S): APPELLANT:ACCUSED NO.1: ------------------------------------------------------------------------------------] SHAJEER, S/O. ABUL SHUKOOR, PUTHUVAL PURAYIDOM VEEDU, KANJIRAMCHIRA WARD, ALAPPUZHA, NOW RESIDING AT DARASABHA VEEDU, ZACHARIAH BAZAR, ALAPPUZHA. BY ADV. SRI.C.K.SAJEEV RESPONDENT(S): RESPONDENT:COMPLAINANT/DEFACTO-COMPLAINANT: ---------------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. RAMLA HAMMED, W/O.HAMEED, RAJEE'S VIHAR, VELLAKKINAR WARD, ALAPPUZHA (PROPRIETRIX-UTHOOS JEWELLERY, VELLAKKINAR WARD, ALAPPUZHA) - 688 001. R1 BY PUBLIC PROSECUTOR SMT. SUMANGALA P.N. R2 BY ADV. SRI.T.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ---------------------------------------- Crl.R.P No.2956 of 2010 ---------------------------------------- Dated the 7th day of October , 2010 ORDER The revision petitioner herein stands convicted and sentenced under section 420 of IPC as per the judgments dated 1.4.2008 in C.C.No.551/2004 of the court of the Judicial First Class Magistrate -I, Alappuzha and the judgment dated 2.3.2009 in Crl.A.No.214/2008 of the Court of the Addl.Sessions Judge (Fast Track-II), Alappuzha. 2. After the pronouncement of the appellate court judgment, it is submitted that , the mater has been settled out of court between the contesting parties and in terms of the settlement arrived, they have filed a compounding petition. 3. Today as per the order in Cr.M.A.No.9424/10, this Court permitted the parties to compound the offence and accordingly, the compounding of the offence is recorded. In the light of the amicable settlement of the dispute between the parties, and this court permitted the composition of the offence, the CRRP 2956/10 2 revision petitioner is entitled to get an acquittal of the offence for which he is charged and convicted by virtue of Section 320(8) Cr.P.C.. 4. In the result, this Crl.R.P. is allowed setting aside the judgment dated 1.4.2008 in C.C.No.551/2004 of the court of the Judicial First Class Magistrate -I, Alappuzha and the judgment dated 2.3.2009 in Crl.A.No.214/2008 of the Court of the Addl.Sessions Judge (Fast Track-II), Alappuzha, and acquitting the revision petitioner/accused of all the charges levelled against him and, accordingly, he is set at liberty. 5. The learned counsel for the revision petitioner submitted that in pursuance of the judgments of the courts below, the revision petitioner was arrested on 23.9.2010 and now he is undergoing imprisonment in the Sub Jail, Kollam and he may be ordered to be released in the light of the acquittal recorded by this Court. In the light of the order passed by this court acquitting the revision petitioner/accused, he is entitled to CRRP 2956/10 3 get released from jail forthwith in case he is not required in any other case. Therefore, the Registry is directed to forward the gist of this order to the Superintendent, Sub Jail, Kollam for further action. V.K.MOHANAN, JUDGE. kvm/-