Pradeep @ Unni v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 Crl.Rev.Pet.No. 408 of 2012 () ------------------------------- AGAINST THE JUDGMENT IN CRA 14/2011 of ADDL.DISTRICT COURTI,MAVELIKKARA DATED 23-12-2011 AGAINST THE JUDGMENT IN CC 613/2008 of J.M.F.C.I, HARIPAD DATED 21-12-2010 REVISION PETITIONER(S)/APPELLANT/ACCUSED:

---------------------------------------- PRADEEP @ UNNI S/O.SURENDRAN, AMBADIYIL VEEDU EAST OF NEDIYATHIKKAL DEVI TEMPLE THAMARAKULAM VILLAGE.

BY ADV. SRI.V.S.THOSHIN RESPONDENT(S)/RESPONDENT/COMPLAINANT:

------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

ADDL. R2: SUJATHA, AGED 47 YEARS, W/O. RAVEENDRAN, KOLLAMPARAMBIL VEETTIL, WARD V, KARUVATTA, ALAPPUZHA (Addl. R2 is impleaded as per order dated 23-09-2015 in Crl.M.A. No. 5209 of 2015 in Crl.R.P. No. 408 of 2012) RADDL.2 BY ADV. SRI.JOHN THITHEEMOS BY PUBLIC PROSECUTOR R. GITHESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.SUDHEENDRA KUMAR, J.

........................................................ Crl.R.P. No. 408 of 2012 ............................................................ Dated this the 28th day of September, 2015

ORDER

Crl.M.A. No. 5249 of 2015 has been filed jointly by the nd respondent, who is the revision petitioner herein and the 2 de facto complainant in C.C. No. 613 of 2008 on the files of the Court of the Judicial Magistrate of the First Class-I, Haripad praying for recording the composition. The offence alleged is the offence under Section 379 of IPC, which is compoundable under Section 320 (b) Cr.P.C. There is no material before the court to show that the revision petitioner has been convicted in any other offence. It has been submitted by the learned nd respondent that this petition has been filed counsel for the 2 nd respondent.

voluntarily by the 2

Crl.R.P. No.408 of 2012 : 2 :

2. Considering the facts circumstances of the case including the fact that the present petition has been filed voluntarily by the parties, I am inclined to grant permission to compound the offence. Accordingly, permission stands granted and the composition stands recorded, which is having the effect of acquittal under section 320 (8) of Cr.P.C.

In the result, this Revision Petition stands allowed acquitting the revision petitioner under section 320(8) Cr.P.C. Sd/- B.SUDHEENDRA KUMAR JUDGE ani/ /true copy/ P.S. to Judge