IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Crl.Rev.Pet.No. 3799 of 2008() ------------------------------ CC.94/2004 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM CRA.632/2007 of SESSIONS COURT, KOTTAYAM .................... REVN. PETITIONER(S): ACCUSED -------------------------------------- TOMY,AGED 44 YEARS, S/O. JOSEPH, ARAKKAPARAMBIL HOUSE, THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, VAIKKOM TALUK, KOTTAYAM DIST. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): COMPLAINANTS --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MR. RAVINDRAN, S/O. KRISHNAKUTTY, KRISHNAVILASAM HOUSE, THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, VAIKKOM TALUK, KOTTAYAM DIST. BY ADV. SRI.NIREESH MATHEW FOR R2 BY PUBLIC PROSECUTOR SRI.MUHAMMED PUZHAKKARA FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:- M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3799 OF 2008 =========================== Dated this the 2nd day of January,2009 ORDER Revision petitioner was concurrently convicted for the offence under section 418 of IPC. Second respondent is the complainant and the person who was cheated by the revision petitioner. Second respondent along with the revision petitioner filed Crl.M.Appl.12665/2008 seeking leave of the court to compound the offence under section 320 (2) of the Code of Criminal Procedure. An offence under section 418 is compoundable with the leave of the court as provided under sub section (2) of Section 320 of the Code of Criminal Procedure. The offence is compoundable by the person cheated. Second respondent the person cheated filed the application Crl.M.Appl.12665/2008 along with the revision petitioner seeking permission to compound the offence stating that they have fully and finally settled the dispute. Hence Crl.M.Appl.12665/2008 CRRP 3799/2008 2 is allowed. Leave is granted to compound the offence. Offence is compounded. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006