IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 4108 of 2008() ------------------------------ C.C. No.718/2004 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, PEERMEDU. CRA .NO. 322/2007 OF ADDL.SESSIONS COURT, (NDPS ACT CASES THODUPUZHA) ----- REVN. PETITIONER(S): APPELLANTS/ACCUSED ---------------------------------------------------- 1. JANARDHANAN, S/O.PACHU, KULANGARACKAL HOUSE, COMPANPARAPUTHUVAL BHAGOM, MADAMBU KARA, PERUVANTHANAM VILLAGE, PEERUMEDU TALUK. 2. MAHILADHARAN, S/O.PACHU, KULANGARACKAL HOUSE, COMPANPARAPUTHUVAL BHAGOM, MADAMBU KARA, PERUVANTHANAM VILLAGE, PEERUMEDU TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT(S): RESPONDENT/COMPLAINANT -------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.4108 OF 2008 =========================== Dated this the 19th day of December,2008 ORDER Revision is filed by the accused in C.C.718/2004 on the file of Judicial First Class Magistrate-II, Peermade. Revision petitioners were convicted for the offence under section 324 read with section 34 IPC. The conviction was confirmed by Additional Sessions Judge, Thodupuzha in Crl.A.322/2007. Revision is filed challenging the conviction and sentence. 2. The revision petitioners along with the de facto complainant the injured Varghese @ Varkey who was examined before the learned Magistrate as PW1 filed Crl.M.Appl.12534/2008 under section 320 of Code of Criminal Procedure for permission to compound the offence stating that they have amicably settled the dispute and therefore they may be permitted to compound the offence. 3. An offence under section 324 IPC is CRRP4108/2008 2 compoundable under section 320 of Code of Criminal Procedure. Though by the amendment Section 324 of IPC was removed from the table of compoundable offences, the amendment has not taken effect and it is not notified. Therefore with the leave of the court an offence under section 324 IPC can be compounded. The injured sought permission to compound the offence stating that the dispute was settled with the accused. Crl.M.Appl.12534/2008 is allowed. Permission is granted to compound the offence. Offence is compounded under section 320 (2) of Code of Criminal Procedure. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006