IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Crl.Rev.Pet.No. 175 of 2007(B) ------------------------------------------- [CRL.A.NO.486/2003 OF ADDL. SESSIONS COURT (FAST TRACK COURT-II, PALAKKAD, CC.NO.63/2000 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI] .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- MUHAMMED, S/O.BAPPU, KOOMBRAPARAYIL VALAPPIL HOUSE, PATTITHARA AMSOM, ALOOR DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.RAJESH SIVARAMANKUTTY, SRI.P.K.MOHANAN (PALAKKAD). RESPONDENTS/RESPONDENTS/COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, THRITHALA POLICE STATION (CRIME NO.170/1999), PALAKKAD DT., REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. *ADDL. R2 IMPLEADED: 2. IBRAHIM, S/O. KUNJUMUHAMMED, AGED 45 YEARS, RESIDING AT IKKURATHVALAPPIL, NADUVATTOM DESOM, KUTTIPALA AMSOM, PONNANI TALUK, MALAPPURAM DISTRICT. *ADDL. R2 IS IMPLEADED AS PER ORDER DATED 08/10/2010 IN CRL.M.A. NO.9370/2010. R1 BY PUBLIC PROSECUTOR SRI. V. TEK CHAND, ADDL. R2 BY ADV. SMT.A.PREMAKUMARI. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J. ------------------------------- Crl.R.P. No.175 of 2007 ------------------------------- Dated this the 8th day of October, 2010. O R D E R The above revision petition is filed challenging the judgment dated 13.11.2003 of the Court of Judicial First Class Magistrate-Pattambi, in C.C.No.63/00 and the judgment dated 30.11.2006 of the Court of Addl. Sessions Judge (Fast Track)-II, Palakkad, in Crl.A.No.486/03. As per the above verdicts, the revision petitioner is stand convicted u/s.420 of IPC and he is sentenced to undergo simple imprisonment for 1 year and to pay a fine of Rs.1,000/- and in default to undergo simple imprisonment for 3 months. It is the above conviction and sentence challenged in this revision petition. 2. During the pendancy of the above revision petition, the matter has been settled out of Court. Today, by a separate order in CrlM.A.No.9371/10, this court permitted the contesting parties to compound the offence and the composition of the offences u/s.420 of IPC, for which the revision petitioner stand convicted and sentenced, is recorded. 2 Crl.R.P. No.175 of 2007 3. In the light of the composition of the offence between the contesting parties with the permission of this court, the revision petitioner is entitled to get an acquittal by virtue of S.320 (8) of Cr.P.C. In the result, this revision petition is allowed setting aside the judgment dated 13.11.2003 of the Court of Judicial First Class Magistrate-Pattambi, in C.C.No.63/00 and the judgment dated 30.11.2006 of the Court of Addl. Sessions Judge (Fast Track)-II, Palakkad, in Crl.A.No.486/03 and acquitting the revision petitioner of all the charges levelled against him. The bail Bond if any, executed by the revision petitioner shall stand cancelled and he is set at liberty. V.K.MOHANAN, Judge. ami/