IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Crl.Rev.Pet.No. 3126 of 2004(A) ------------------------------- CRA.103/1999 of ADDL.SESSIONS (AD HOC) COURT II,PATHANAMTHITTA CC.246/1995 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- PRASAD, AGED 35, S/O. VIJAYAN, CHATHANTHARAYIL HOUSE, POOYAPPALLIKARA, VADAKKEKARA VILLAGE, VADAKKAN PARUR TALUK, ERNAKULAM DIST. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENTS: COMPLAINANT/FORMAL PARTY: --------------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, PULIKEEZHU POLICE STATION, PATHANAMTHITTA. 2. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ADV. SRI.C.P.PEETHAMBARAN FOR DEF.COMPLAINTS PUBLIC PROSECUTOR SHRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.3126 of 2004 --------------------------------------- Dated this 18th day of August 2009 ORDER This revision is at the instance of accused in C.C.No.246 of 1995 of the court of learned Judicial Magistrate of First Class, Thiruvalla. He faced trial for offence punishable under section 354 of the Penal Code (for short, “the Code”) for allegedly outraging modesty of PW1. Learned magistrate found petitioner guilty, convicted and sentenced him to undergo rigorous imprisonment for two years. Learned Additional Sessions Judge (Adhoc), Fast Track No-2, Pathanamthitta confirmed conviction but modifying the sentence as rigorous imprisonment for one year. That judgment is under challenge in this revision. 2. PW1, defacto complainant has appeared through counsel. Petitioner and PW1 have filed Crl.M.A.No.7661 of 2009 reporting settlement and seeking permission to compound the offence. 3. Offence under section 354 of the Code is compoundable with permission of the court at the instance of the women to whom criminal course was used. I have gone through Crl.M.A.No.7661 of 2009. I am satisfied that the matter is settled between the parties and that the settlement is voluntary. I find no reason to refuse the prayer for permission to compound the offence. Accordingly the application is allowed. Composition entered between petitioner and PW1 is recorded. Crl.R.P.No.3126 of 2004 2 That shall have the effect of acquittal of petitioner under section 320 (8) of the Code of Criminal Procedure. Revision petition is disposed of accordingly. THOMAS P JOSEPH, JUDGE Sbna/