IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Crl.Rev.Pet.No. 3153 of 2010() ------------------------------------------- CRA.720/2007 of ADDL. DISTRICT & SESSIONS COURT, VADAKARA CC.416/2004 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED 1 TO 5: ---------------------------------------------------------------------------- 1. HARIDASAN, S/O.KUNHIRAMAN, PLANAYULLA KANDY HOUSE, MEMUNDA AMSOM, KUTTOTH DESOM. 2. PRADOSH, S/O.KELAPPAN, MEETHALE MAMMILI HOUSE, MEMUNDA AMSOM, KUTTOTH DESOM. 3. BIJU, S/O.BALAN, PAIKATTUMALAYIL HOUSE, PUTHUPPANAM AMSOM, PANIKKOTTY DESOM. 4. SHAJI, S/O.KANARAN, CHERIYA PARAMBATH MEETHAL HOUSE, MEMUNDA AMSOM, KUTTOTH DESOM. 5. SANTHOSH S/O.KRISHNAN, VIDUPARAMBATH HOUSE, MEMUNDA AMSOM, KUTTOTH DESOM. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): COMPLAINANT & STATE: --------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. tss CRRP. 3153/2010 *ADDL. 2ND RESPONDENT IMPLEADED. 2. MOHANAN, S/O.CHATHU NAIR, MEMUNDA VILLAGE, VADAKARA TALUK, KOZHIKODE DISTRICT. *ADDL. R2 IS IMPLEADED AS PER ORDER DTD. 4.8.11 IN CRL.MA. 6700/2011 R1 BY PUBLIC PROSECUTOR SRI.T.R.RAJESH R2 BY ADV. SRI.K.RAKESH ROSHAN, SMT.THUSHARA.V . THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.3153 OF 2010 ----------------------------------------- Dated this the 4th day of November 2011 ORDER Revision petitioners are the accused in C.C No.416/2004 on the file of the Judicial First Class Magistrate, Vadakara. They are convicted of the offences under Sections 143, 147 and 323 read with 149 IPC, as affirmed by the learned sessions Judge in appeal. In revision, a composition petition requesting for compounding the offences was filed by the petitioners, jointly, with the 2nd respondent/ de facto complainant. Considering the submissions made by the counsel on both sides, an inquiry on the composition requested for was directed to be conducted by the Judicial First Class Magistrate, Vadakara. After conducting such inquiry, a report has been sent by the magistrate stating that the parties have voluntarily settled all disputes which gave rise to the prosecution and conviction of the petitioners and they have genuinely applied for compounding the offence. The identity of the 2nd respondent/ de facto complainant and the petitioners, it is reported, has also been verified in the inquiry. In the light of the report received from the magistrate, I find that the composition of the offence requested for by the parties, jointly, can be accepted. In the circumstance, accepting the request Crl. R.P No.3153 OF 2010 2 made for composition of the offence, jointly, made by the parties, conviction and sentence imposed against the petitioners/accused are set aside and they are acquitted of the offences under Sections 143, 147, 148, 323 and 324 read with 149 IPC. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge