IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Crl.Rev.Pet.No. 722 of 2006(B) ------------------------------ CRA.162/2003 of SESSIONS COURT, KOLLAM CC.17/1997 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER/APPELLANT: ------------------------------------- BERNARD, S/O.CHACKO, DYNA K.AUTOMOTIVE STAMPING PVT.LTD. FLOT NO. 3-6, BLOCK J-450, M.I.D.C. BHOSARI, PUNE 26. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENTS/ COMPLAINANT AND STATE: ------------------------------------- 1. SINI MULLASSERIL HOUSE, KAKKOTTUMOOLA P.O. MAYYANAD, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.JACOB SEBASTIAN FOR R1 SRI.M.A.RASHID FOR R1 PUBLIC PROSECUTOR: SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.722 of 2006 --------------------------------------- Dated this 25th day of August 2009 ORDER Petitioner faced trial in the court of learned Judicial First Class Magistrate, Kollam in C.C.No.17 of 1997 for offence punishable under 494 of the Penal Code on a complaint preferred by respondent No.1. She alleged that petitioner had married her in accordance with religious rites and customs on 20-12-1993 but thereafter petitioner contracted another marriage on 22-04-1996 and thereby committed offence under section 494 of the Penal Code. Learned magistrate found petitioner guilty, convicted and sentenced him to undergo simple imprisonment for one year. There was a direction for payment of compensation to the tune of Rs.5000/- to respondent No.1. Petitioner took up the matter in appeal but, without success. Conviction and sentence were confirmed. Hence this revision. 2. Petitioner and respondent No.1 have filed Crl.M.A.No.8284 of 2009 reporting settlement of the dispute outside court and seeking permission to compound the offence. It is stated in the application that all the existing disputes between the parties including civil case have been settled and that the parties do not want to proceed with this case. On going through the application I am satisfied that composition is voluntary. Offence under section 494 of the Penal Code is Crl.R.P.No.722 of 2006 2 compoundable with permission of court at the instance of the husband/wife aggrieved in the case. In the circumstances I am inclined to grant permission as prayed for. Accordingly Crl.M.A.No.8284 of 2009 is allowed. The composition is recorded and that shall have the effect of acquittal of petitioner under Sec.320(8) of the Code of Criminal Procedure. Revision petition is disposed of as above. THOMAS P JOSEPH, JUDGE Sbna/