High Court of KeralaCrl.Rev.Pet/997/2012allowed

Pradeep @ Unni v. State Of Kerala

2015-10-14Honourable Mr. Justice B.Sudheendra Kumar2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 Crl.Rev.Pet.No. 997 of 2012 () ------------------------------- JUDGMENT IN CRA 555/2010 OF ADDITIONAL DISTRICT AND SESSIONS COURT FAST TRACK (ADHOC), MAVELIKKARA DATED 03-02-2012 JUDGMENT IN CC 186/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, MAVELIKKARA DATED 30-09-2010 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/RESPONDENT/COMPLAINANT:

---------------------------------- 1.

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

ADDL.R2 SOBHANA KUMARI, AGED 60 YEARS, W/O. SIVARAMAN NAIR, THADATHILETHU VEETTIL VETTIYAR, MAVELIKKARA ADDL.R2 IS IMPLEADED AS PER ORDER DATED 12.10.2015 IN CRL.M.A.No.5569/2015 IN CRL.R.P.NO.997/2012.

RADDL 2 BY ADV. SRI.JOHN THITHEEMOS R BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

SCL.

B. SUDHEENDRA KUMAR, J.

------------------------------------- Crl.R.P. No.997 of 2012 -------------------------------------- Dated this the 14th day of October, 2015.

ORDER

Crl.M.A.No.5662 of 2015 has been filed jointly by the revision petitioner and the second respondent, who is the de facto complainant in this case, praying for granting permission to compound the offence. C.M.A.No.5745 of 2015 has been jointly filed by the revision petitioner and the second respondent herein praying for recording the composition. The offence involved in this case is the offence under Section 379 IPC, which is compoundable under Section 320 IPC. Since the matter has been settled between the parties, I am of the view that it is only just and proper to grant permission to compound the offence. Accordingly, permission stands granted and composition stands recorded, which is having the effect of acquittal under Section 320 (8) 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 Scl.

True Copy PA to Judge