IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Crl.Rev.Pet.No. 1361 of 2006(A) ---------------------------------------------- CRA.732/2003 of IST ADDL.SESSIONS COURT, KOZHIKODE CC.584/2001 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... REVN. PETITIONER(S): /ACCUSED --------------------------------------------------- AKBAR P.V.C. S/O. MOIDU, 23/01, PAKKANARVALAPPIL, CHERANDAVIDE, THAZHE ANGADI, BEACH ROAD, VADAKARA. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): COMPLAINANT --------------------------------------------------- STATE OF KERALA, REP. BY S.H.O., VADAKARA (CRIME NO.280/01) THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.1361 of 2006 ------------------------------- Dated this the 1st day of November, 2010. O R D E R This is a petition filed u/s.320 r/w 482 of Cr.P.C. to compound the offence for which the revision petitioner is stand convicted and sentenced. 2. The revision petitioner is the sole accused in Crime No.280/01 of Vadakara police station for the offence punishable u/s.379 of IPC. The allegation is that the revision petitioner had snatched a gold chain weighing about 3 sovereign. The Judicial First Class Magistrate Court-Vadakara, by judgment dated 17.11.2003 in C.C.No.584/01 found that the revision petitioner is guilty and convicted him u/s.379 of IPC and sentenced him to undergo rigorous imprisonment for one year. Though the said conviction and sentence are challenged in the Sessions Court, Kozhikode Division, by judgment dated 21.5.2005 in Crl.A.No.732/03, Sessions Court, Kozhikode, dismissed the appeal confirming the conviction and sentence. It is the above conviction and sentence challenged in this revision petition. 3. During the pendancy of the above revision petition, the 2 Crl. R.P.No.1361 of 2006 matter has been settled out of court between the contesting parties. Today by a separate order in Crl.M.A.No.10222/10, this court allowed the parties to compound the offence, for which the revision petitioner is stand convicted and sentenced and composition of the said offence is recorded. 4. In the light of the composition of the offence between the contesting parties and by virtue of S.320(8) of Cr.P.C., the revision petitioner is entitled to get an acquittal of all the charges levelled against him. In the result, this revision petition is allowed setting aside the judgment dated 17.11.2003 in C.C.No.584/01 of the Court of the Judicial First Class Magistrate-Vadakara, and judgment dated 21.5.2005 in Crl.A.No.732/03, of the Court of Sessions, Kozhikode, and acquitting the revision petitioner of all the charges levelled against him and he is set at liberty. V.K.MOHANAN, Judge. ami/