IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Crl.Rev.Pet.No. 764 of 2010(U) ------------------------------ CRA.282/2008 of ADDL.SESSIONS JUDGE(ADHOC -I),MANJERI CC.212/2004 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- USMAN, S/O. MUHAMMED, PANGINIKKADAN HOUSE, KADANNAMANNA.P.O., MANKADA, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): DEFACTO COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP.BY THE S.I. OF POLICE, MANJERI BY THE GOVT. PLEADER, HIGH COURT OF KERALA. 2. P.RAVI, S/O. NARAYANAN KUTTY, PARAKKAL HOUSE, MANKADA AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. ADV. SRI.PRINSUN PHILIP FOR R2 PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No.764 of 2010 * * * * * * * * * * * * * * * * Dated: 8.03.2010 ORDER In this Revision Petition filed under Section 397 read with Sec. 401 Cr.P.C. the petitioner who was the 1st accused in C.C.No.212 of 2004 on the file of the Chief Judicial Magistrate, Manjeri for offences punishable under Sections 420,468 and 471 read with 34 IPC challenges the conviction entered and the sentence passed against him concurrently by the courts below for the aforementioned offences. 2. Pending this revision, the de-facto complainant has compounded the matter with the revision petitioner/ 1st accused by settling the disputes. The transaction in question pertains to the purchase of Hero Honda motor cycle bearing Reg. No.KL 10 J 1598. Since out of the offences referred to above the offence punishable under Section 420 IPC alone is compoundable and the other two offences are not compoundable, the de facto complainant as well as the revision petitioner had filed a compounding petition before this Court as Crl.M.A.No. 2257 of 2010 seeking composition of the non-compoundable offences Crl.R.P. No. 764 of 2010 2 also by relying on the decisions of the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(4) SCC 582), But since in the decision before the Apex Court the non- compoundable offences were permitted to be compounded by resort to Section 482 Cr.P.C, the said application filed in this revision filed under Section 401 Cr.P.C was not entertained. Thereupon the petitioner filed Crl.M.A.No.2464 of 2010 invoking the inherent power under Section 482 Cr.P.C seeking composition of the aforesaid offences. As the monetary dispute between the parties has been settled and the same is purely personal, as held in Madan Mohan Abbot v. State of Punjab (2008(4) SCC 582), Nikhil Merchant v. C.B.I (2008(3)KLT 769), Manoj Sharma v. State ( 2008(4) KLT 417, the offences punishable under Sections 420, 468 and 471 are permitted to be compounded. In the light of this development, the aforementioned composition is recorded and it will have the effect of acquittal of the revision petitioner of the aforementioned offences. This Crl. R.P. is disposed of as above. Dated this the 8 th day of March, 2010. V. RAMKUMAR, JUDGE sj