IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 10TH DAY OF AUGUST 2022/19TH SRAVANA, 1944
CRL.REV.PET NO. 1282 OF 2018
Crl.Appeal No.109/2017 OF III ADDITIONAL SESSIONS COURT,
KOLLAM
CC 1799/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
KOLLAM
REVISION PETITIONER/1st APPELLANT/1st ACCUSED:
SHAJI @ BOSCO
AGED 44 YEARS
S/O ANTONY RAJAN, KOCHU BUNGLAVU VEEDU,
CHEMMAKKAD CHERRY, PANAYAM VILLAGE, KOLLAM.
BY ADV R.SATISH KUMAR
RESPONDENTS/RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682 031.
*ADDL.R2 SOPHIA MARY V
AGED 37 YEARS
D/O. SHYLA MARY V BETHEL,
KARIKUZHI, PERAYAM VILLAGE,
PADAPPAKKARA P O, KOLLAM 691 503.
* (ADDL.R2 IS IMPLEADED AS PER ORDER DATED
18.02.2022 IN CRL.M.A.1/2022 IN
CRL.R.P.NO.1282/2018).
BY ADV SAJU J PANICKER
OTHER PRESENT:-SRI.G.SUDHEER, Public Prosecutor
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.R.P.No.1282 of 2018 ..2..
ORDER
This Criminal Revision Petition has been filed challenging the judgment dated 13.9.2018 in Crl.Appeal No.109/2017 on the file of the third Additional Sessions Court, Kollam (for short 'the appellate court') and the judgment dated 2.6.2017 in C.C.No.1799/2012 on the file of the Judicial First Class Magistrate Court-I, Kollam (for short 'the trial court').
2. The revision petitioner is the 1 st accused. He along with the 2nd and 3rd accused faced trial for the offence punishable under Section 498A read with Section 34 of the IPC. The additional 2 nd respondent is the de facto complainant.
3. During the trial stage, the 3 rd accused died. The trial court, after full fledged trial, found the 1 st and 2nd accused guilty of the offence punishable under Section 498A read with Section 34 of the IPC and they were convicted and sentenced to imprisonment. The 1st and 2nd accused preferred appeal at the appellate court. During the appellate stage, the 2 nd accused expired. The appeal was dismissed. The 1st accused has approached this Court with this Criminal Revision Petition challenging the judgments of conviction and sentence rendered by the trial court as well as the appellate court.
Crl.R.P.No.1282 of 2018 ..3..
4. During the pendency of this Crl.R.P. the entire disputes between the revision petitioner and the additional 2 nd respondent are amicably settled. An application has been filed as Crl.M.Appln.No.1/2021 to quash the proceedings on the ground of settlement invoking Section 482 of the Cr.P.C.
5. I have heard Sri.R.Sathish Kumar, the learned counsel for the revision petitioner, Sri.Saju.J.Panicker, learned counsel for the additional 2nd respondent and Sri.G.Sudheer, the learned Public Prosecutor.
6. The 2nd respondent has sworn an affidavit. The affidavit would show that the entire dispute has been amicably settled between the parties.
7. This Court in Soban v. State of Kerala (2021 (3) KHC
383) has held that the criminal proceedings involving non- compoundable offence could be quashed notwithstanding the fact that the order of conviction was already passed against the accused provided the offence in question does not fall in the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court in Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)], Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] and in State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688].
Crl.R.P.No.1282 of 2018 ..4..
8. The offence involved in the case does not fall in the category of offences prohibited in the above three cases. Keeping in view of the nature and gravity of the offence and the facts and circumstances of the case, I am of the view that the entire proceedings initiated in terms of Crime No.954/2012 of Anchalumoodu Police Station can be quashed in view of the compromise arrived at between the parties to secure the ends of justice.
In the result, the Crl.R.P. is allowed. The entire proceedings initiated in terms of Crime No.954/2012 of Anchalumoodu Police Station are hereby quashed. The conviction and sentence passed against the revision petitioner vide impugned judgments are hereby set aside.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE skj