IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Crl.Rev.Pet.No. 503 of 2008(C) ---------------------------------- AGAINST JUDGMENT DTD 11.9.2006 IN CRA.23/2006 of ADDL. SESSIONS JUDGE(ADHOC)-II, THODUPUZHA AND THE JUDGMENT DTD 30.8.2005 IN CC.520/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... REVISION PETITIONER/APPELLANT/ACCUSED NO.3 --------------------------------------------------------------- SUNIL, S/O.KUNJAN, KUNNEL VEEDU, 10TH MILE, VALARA KARA, MANNAMKANDAM VILLAGE. BY ADVS. MR.C.M.TOMY MR.MATHEW SKARIA RESPONDENT: RESPONDENT/COMPLAINANT ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. HRITHWIK SRI.JOY C. PAUL THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/07/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.503 of 2008C --------------------------------------- Dated this 06th day of July 2009 ORDER This revision arises form judgment of learned Additional Sessions Judge, Adhoc-II, Thodupuzha in criminal appeal No.23 of 2006 confirming conviction of petitioner(accused No.3) but modifying the sentence for offences punishable under Secs.143, 147, 341 and 427 r/w Sec.149 of the Indian Penal Code (for short, “the Code”). Along with petitioner, accused No.1,2,4 to 13, 16 to 25 also faced trial. They were acquitted of charges against them for want of proper identification. Petitioner was convicted as aforesaid. Case against accused No.14 and 15 was refiled. Case is that on 02-12-1999 in the course of a hartal called by the BJP, petitioner and others formed unlawful assembly at about 10.40a.m, wrongfully restrained PW3 and committed mischief by damaging his car. Now petitioner and PW3 have settled the case and filed an application for permission to compound the offences (Crl.M.A.No.6354 of 2009) . It has come in evidence that petitioner is a one time client of PW3, an Advocate. Now the matter is settled between the parties. The main offences are compoundable with permission. The compromise is found to be voluntary. So far as offences punishable under sections 143 and 147 of the Code are concerned, considering the amicable settlement between the parties, composition of the main offence and the Crl.R.P.No.503 of 2008C 2 circumstances in which the incident occurred I am of the view that this court could invoke its power under section 482 of the Code to grant relief to the petitioner. Hence Crl.M.A.No. 6354 of 2009 is allowed and the offences punishable under Secs. 341 and 427 of the Code will stand compounded. That shall have the effect of acquittal of the petitioner of the said offences under Sec.320(8) of the Code of Criminal Procedure. Petitioner will stand discharged of the offences punishable under Secs.143, 147 of the Code. Revision is disposed of accordingly. THOMAS P JOSEPH, JUDGE Sbna/