IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Crl.Rev.Pet.No. 1487 of 2006() ------------------------------ CRA.190/2004 of ADDL.SESSIONS COURT,FAST TRACK COURT NO.1 (ADHOC)MANJERI CC.139/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, MANJERI .................... REVISION PETITIONER(S): APPELLANTS/ACCUSED 1,3,4 & 5: ------------------------------------------------------------------------------------------ 1. ALAVIKUTTY, S/O. MOHAMMED, MOOLEKKODAN HOUSE, CHOKAD AMSOM, CHANDAKUNNU, MUTHEERI. 2. AMEENA, W/O. MOHAMMED, -DO- -DO-. 3. SUNEERA, W/O. ASHRAF, -DO- -DO-. 4. SAHAD, S/O. MOHAMMED, -DO- -DO-. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): RESPONDENT/COMPLAINANT: ------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. MOHAMMED PUZHAKKARA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 1487 OF 2006 =========================== Dated this the 8th day of January,2009 ORDER Revision petitioners are accused 1,3,4 & 5 in C.C.139/2002 on the file of Judicial First Class Magistrate-I, Manjeri. They were convicted and sentenced for the offence under section 489A read with section 34 of I.P.C. They challenged the conviction and sentence before Sessions Court, Manjeri in Crl.A.190/2004. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction and dismissed the appeal. Revision is filed challenging the conviction and sentence. 2. Crl.M.Appl.12587/2008 is filed by the revision petitioners under section 482 of Code of Criminal Procedure stating that all disputes with the de facto complainant, wife of the first revision petitioner was amicably settled as per agreement dated 5.4.2008 as per which the CRRP 1487/2006 2 proceedings pending before the various courts were agreed to be withdrawn. It is stated that as per clause 13 of the agreement the dispute involved in this revision petition was also settled and it was agreed to be compounded. Revision petitioners therefore sought to accept the compromise and acquit the revision petitioners in the light of the agreement. 3. Learned counsel appearing for the revision petitioners and learned Public Prosecutor were heard. 4. First revision petitioner is the husband and the other revision petitioners the in-laws of the de facto complainant who was examined as PW1 before the learned Magistrate. Though offence under section 498A of I.P.C is not a compoundable offence under section 320 of Code of Criminal Procedure based on the decision of the Apex Court in Joshi v. State of Haryana (2003(2) KLT 1062) it was argued that the hyper-technical view would be counter productive and would act against the interests of women and against the object for which the provision was added and when dispute relating CRRP 1487/2006 3 to an offence under section 498A is settled between the parties, exercising the power under section 482, the proceedings has to be closed. A Division Bench of this Court in Sudheer Kumar v. Kunhiraman (2008(1) KLT 168) had considered the question whether an offence which is not compoundable under section 320 of Code of Criminal Procedure could be settled and the proceedings quashed by the revisional court. The Division Bench held that under section 482 of Code of Criminal Procedure the revisional court can exercise the power under section 482 when the matter has been settled between the parties, the proceedings quashed. In view of the decision of the Apex Court in Joshi's case (supra) and the Division Bench decision of this court in Sudheer Kumar's case (supra) Crl.M.Appl.12587/2008 is allowed. Conviction of the revision petitioners is set aside and they are acquitted. Crl.Revision Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- CRRP 1487/2006 4 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006