IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Crl.Rev.Pet.No. 2129 of 2009() ------------------------------ CRA.290/2005 of ADDL. SESSIONS COURT (ADHOC-I), THALASSERY CC.893/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- BENNY, S/O.JOSEPH, AGED 36 YEARS, AYYAMKUNNU AMSOM, KANNUR DISTRICT. BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENT(S)/RESPONDENTS/COMPLAINANT: --------------- 1. RASHTRA DEEPIKA LTD. REP. BY ITS P.A.HOLDER JOJO T.KURIAN, PALLIKUNNU, KANNUR. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.JOMY GEORGE FOR R1 PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2129 of 2009 ----------------------------------------- Dated this 3rd day of July 2009 ORDER This revision is in challenge of judgment of learned Sessions Court, Adhoc-1, Thalassery in Crl.Appeal No.290 of 2005 confirming conviction and sentence of the petitioner for offence punishable under Section 417 of Indian Penal Code (for short, “the Code”). 2. Petitioner and respondent No.1 filed Crl.M.A.No.6473 of 2009 reporting settlement and seeking permission to compound the offence. 3. It is seen from Crl.M.A. No.6473 of 2009 that parties have settled the dispute out of court. There is no reason to think that the composition is not voluntary. Offence under Section 417 of the Code is compoundable with permission of the court at the instance of the person cheated. Hence permission is granted and Crl.M.A.No.6473 of 2009 is allowed. The composition entered between petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of petitioner under Section 320(8) of the Code of Criminal Procedure. Crl.R.P.No.2129 of 2009 2 4. It is submitted by counsel on both sides that petitioner is undergoing imprisonment in Central Prison, Kannur. He shall be released from jail forthwith if not required to be detained otherwise. Issue intimation to the Superintendent of Central Prison, Kannur where petitioner is detained immediately. Revision Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE Sbna/-