Vinod vs State Of Kerala
2021 Latest Caselaw 22911 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR. JUSTICE K.HARIPAL

          TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943

                           CRL.REV.PET NO. 1815 OF 2006

   (AGAINST THE JUDGMENT IN Crl.A 797/2004 DATED 22.12.2005 OF THE ADDITIONAL

   SESSIONS JUDGE   (ADHOC-I), ERNAKULAM FILED AGAINST THE JUDGMENT IN C.C.NO.

 CC 744/2001 DATED 19.07.2004 OF JUDICIAL FIRST CLASS MAGISTRATE OF FIRST CLASS

                                     -I, KOCHI-5)

REVISION PETITIONER/APPELLANT/ACCUSED:

             VINOD
             S/O KARTHIKEYAN,
             `RAMADIYILVEETTIL',
             NEAR COMPANYPEEDIKA BHAGOM,,
             OCHANTHURUTH KARA,
             PUTHUVYPU VILLAGE.
             BY ADVS.
             SRI.MURALI PURUSHOTHAMAN
             SRI.P.M.BENZIR
             SRI.DEEPU LAL MOHAN
             SRI.S.KRISHNAKUMAR


RESPONDENT/RESPONDENT/COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY THE S.I. OF POLICE,,
             NJARAKKAL POLICE STATION,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM.
     *2      ADDL. R2
             GAYATHRI
             W/O VINOD,
             `RAMADIYILVEETTIL',
             NEAR COMPANYPEEDIKA BHAGOM,,
             OCHANTHURUTH KARA,
             PUTHUVYPU VILLAGE,
             ERNAKULAM - 682 508.
             IS IMPLEADED AS ADDITIONAL R2 AS PER ORDER DATED 23.11.2021 IN
             CRL.M.A 1/2021.
             BY ADV SREEJITH SREENATH

             SR.PP - SMT. PUSHPALATHA M.K.



      THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.R.P No.1815 of 2006
                                          2



                                       ORDER

The revision is directed against the concurrent finding of guilt

against the petitioner, who is the accused in C.C.No.744/2001 on the

file of the Judicial First Class Magistrate-I, Kochi, where offence

under Section 498A was alleged against the petitioner. He was found

guilty and convicted by the Magistrate by judgment dated 19.07.2004.

Against the said conviction, the petitioner preferred Crl.Appeal

No.797/2004 before Additional Sessions (ADHOC-I), Ernakulam. By

judgment dated 22.12.2005, the appeal was dismissed confirming the

conviction. The petitioner filed this revision challenging the

conviction and sentence.

2. Now it is submitted that the matter has been settled

between the husband and wife and from 29.03.2011 onwards they are

living together with their child. The additional respondent who is the

defacto complainant in the crime, in her affidavit dated 10.11.2021,

has averred that from 29.03.2011 onwards they are living together.

All disputes have been amicably settled and that she is residing with

the husband in his residence with their daughter; she has no surviving Crl.R.P No.1815 of 2006

grievance against the husband, that she is not desires of prosecuting

the case. It is made clear that she has no objection in quashing the

conviction and sentence and acquitting him.

3. In the circumstances, in the light of the clear statement of

the defacto complainant, who gave evidence as PW1 in

C.C.No.744/2001 and considering the fact that it was a matrimonial

dispute, conviction and sentence imposed are set aside and the

petitioner is acquitted.

Crl.R.P is allowed as above.

Sd/-

K.HARIPAL

JUDGE

Jms/23.11

//True Copy// P.A to Judge Crl.R.P No.1815 of 2006

APPENDIX OF CRL.R.P.NO.1815/2006 PETITIONER ANNEXURE Annexure A THE NOTARIZED AFFIDAVIT DATED 10.11.2021 OF SMT.GAYATHRI.