IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Crl.Rev.Pet.No. 1392 of 2002(B) ------------------------------ CRA.201/1999 of ADDL.SESSIONS COURT (ADHOC), ALAPPUZHA SC.92/1998 of ADDL.ASSISTANT SESSIONS COURT, ALAPPUZHA .................... REVN. PETITIONER: APPELLANT/ ACCUSED --------------------------------------- SUNIL.S., S/O.SIVARAMAN, KALOOCHIRAYIL (KANDATHIPARAMBIL VEEDU), WARD NO. VIII OF ARYAD PANCHAYAT, AVULUKUNNU P.O., VYASAPURAM, ALAPPUZHA. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENT: RESPONDENT/COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.K.RAVEENDRABABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.R.P No.1392 of 2002 ------------------------------------- Dated this the 23rd day of June, 2009 O R D E R Petitioner/accused No.1 in this revision petition assails the concurrent verdict of guilty, conviction and sentence imposed on him in a prosecution under Section 324 I.P.C. When the matter came up for hearing on the previous occasion, the counsel prayed for time to explore the possibility of a settlement. Accordingly the case was adjourned. 2. Today when the matter came up for hearing, it is represented by the learned counsel for the petitioner that the parties have settled their disputes. PW2 before the trial court is the victim and the conviction is only under Section 324 I.P.C. The defacto complainant/victim/PW2 has entered appearance before this Court through a counsel and has filed an affidavit to report to the Court that the disputes have been settled and the alleged offence punishable under Section 324 I.P.C has been compounded. In the joint application filed as Crl.M.Appl.No.5829 of 2009 signed by both the revision petitioner/accused and the defacto complainant/victim/PW2 and duly counter signed by their counsel, they pray that the composition may be accepted and further proceedings closed. Crl.R.P No.1392 of 2002 2 3. Both counsel are present before Court and the counsel for PW2/defacto complainant vouches for the identity and signature of the defacto complainant in the affidavit and the joint application for composition. I am satisfied that the composition can be accepted after granting requisite leave for composition. 4. In the result: i) This revision petition is allowed; ii) Crl.M.Appl.No.5829 of 2009 filed by the petitioner/accused and the defacto complainant/PW2 is allowed and the composition is accepted after granting the requisite leave; iii) The acceptance of the composition shall have the effect of acquittal of the accused as stipulated under Section 320 (8) Cr.P.C; iv) The verdict of guilty, conviction and sentence imposed on the petitioner/accused No.1 is, in these circumstances, set aside. (R.BASANT, JUDGE) rtr/-