IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Crl.Rev.Pet.No. 1247 of 2002(B) --------------------------------------------------- CRA.137/2000 of ADDL. SESSIONS (ADHOC-I) COURT, ALAPPUZHA CC.75/1998 of CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA ............... REVN. PETITIONERS/APPELLANTS/ACCUSED: 1. SUDHAKARAN, S/O.KANDANKUNJU, AGED 60, SREEKARTHIKA, SOUTH ARYAD, ALAPPUZHA. 2. CHANDRANGATHAN, S/O.NEELAKANDAN, AGED 61, NIKARTHIL, KOMALAPURAM, ALAPPUZHA. BY ADV. SRI.R.AZAD BABU RESPONDENTS/RESPONDENTS/COMPLAINANT: 1. S.SUSEELA, W/O.SUDHAKARAN, DEVI NIVAS, KUTTIDAYIL, SOUTH ARYAD, ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.J.OM PRAKASH FOR R1 PUBLIC PROSECUTOR SMT.PUSHPALATHA FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.P.6896/2002 IN CRRP 1247/2002 DISMISSED 27.7.2010 SD/-M.SASIDHARAN NAMBIAR, JUDGEMENT /TRUE COPY/ M.Sasidharan Nambiar, J. -------------------------- Crl.R.P.No.1247 of 2002 -------------------------- ORDER Petitioners are the accused and first respondent the complainant in C.C.No.75/1998 on the file of Chief Judicial Magistrate's Court, Alappuzha. Learned Chief Judicial Magistrate convicted the petitioners for the offence under Section 420 read with Section 34 of Indian Penal Code and sentenced them to rigorous imprisonment for two years and to pay a fine of Rs.3,000/- each. Though petitioners challenged the conviction and sentence before Sessions Court, Alappuzha in Crl.A. No.137/2000, learned Additional Sessions Judge, on re-appreciation of evidence, confirmed the conviction and sentence and dismissed the appeal. This revision is filed challenging the conviction and sentence. 2. Crl.M.Appl.No.7107/2010 is jointly filed by the petitioners and first respondent under Section CRRP 1247/02 2 320 of Code of Criminal Procedure seeking permission to record the compromise, stating that the entire disputes have been settled between the parties out of court. 3. An offence under Section 420 of Indian Penal Code is compoundable by the person cheated, with the leave of the court, as provided under sub- section (2) of Section 320 of Code of Criminal Procedure. The joint application filed by the first respondent complainant, who was cheated and petitioners, the accused, establishes that they have settled the entire disputes. In such circumstances, permission is to be granted to compound the offence. Crl.M.Appl.No.7107/2010 is allowed. Offence is compounded. Revision is disposed accordingly. 27th July, 2010 (M.Sasidharan Nambiar, Judge) tkv CRRP 1247/02 3 M.Sasidharan Nambiar, J. -------------------------- Crl.R.P.No.1247 of 2002 -------------------------- ORDER 27th July, 2010