C.N.Natarajan vs State Of Kerala
2021 Latest Caselaw 23714 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                   CRL.REV.PET NO. 4436 OF 2006
AGAINST THE JUDGMENT IN CRA 198/2005 OF ADDITIONAL SESSIONS
               COURT FAST TRACK COURT-II, ALAPPUZHA
        CC 53/2001 OF CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA
REVISION PETITIONERS/APPELLANTS/ACCUSED:

    1       C.N.NATARAJAN
            AGED 55 YEARS
            S/O.NARAYANAN,VELIMPARAMBIL PUTHENVEEDU,
            THATHAMPALLI P.O., ZILLA COURT WARD, ALAPPUZHA.

    2       SARASWATHY W/O. NATARAJAN
            VELIMPARAMBIL PUTHENVEEDU, THATHAMPALLI P.O.,,
            ZILLA COURT WARD, ALAPPUZHA.

            BY ADV SRI.GEORGE MATHEW



RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:

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

    2       R. MURALIDHARAN
            S/O.RAMAN,KAREECHIRA HUSE, KELAMANGALAM P.O.,
            THAKAZHY.

*ADDL.R3 KRISHNAKUMARI
         AGED 59 YEARS
         W/O R.MURALIDHARAN, KAREECHIRA HOUSE, KELAMANGALAM
         P.O., THAKAZHY, ALAPPUZHA DISTRICT-688562
 Crl.R.P.No.4436/2006

                            -:2:-



*ADDL.R4 MIDHUNJITH M
         AGED 30 YEARS
         S/O R.MURALIDHARAN, KAREECHIRA HOUSE, KELAMANGALAM
         P.O., THAKAZHY, ALAPPUZHA DISTRICT-688562

*ADDL.R5 NIKHILJITH M
         AGED 29 YEARS
         S/O R.MURALIDHARAN, KAREECHIRA HOUSE, KELAMANGALAM
         P.O., THAKAZHY, ALAPPUZHA DISTRICT-688562

          (*ARE IMPLEADED AS ADDL.R3 TO R5 AS PER ORDER
          DATED 29.11.2021 IN CRL.M.A.1/2021 IN
          CRL.R.P.4436/2006

           BY ADV PUBLIC PROSECUTOR SRI.SANAL P.RAJ




     THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Crl.R.P.No.4436/2006

                                -:3:-



                              O R D E R

Dated this the 30th day of November, 2021

This revision petition has been filed challenging the

conviction and sentence passed by the Chief Judicial Magistrate

Court, Alappuzha (for short, 'the trial court') in CC No.53/2001

dated 11/2/2005 and confirmed in Crl.Appeal No.198/2005 dated

12/5/2006 on the file of the Additional Sessions Court, Fast Track-

II, Alappuzha (for short, 'the appellate court'). There are two

accused who are the revision petitioners. The first revision

petitioner is the husband of the second revision petitioner. The

second respondent is the complainant before the trial court. The

second respondent died and his legal heirs have been impleaded

as additional respondents 3 to 5.

2. A compounding petition has been filed as

Crl.M.A.No.2/2021 by both the accused and the legal heir of the

complainant. It was filed on 25/2/2020. The learned counsel for

the revision petitioners submitted that, thereafter, on 6/9/2021,

the first revision petitioner died.

3. The counsel for the revision petitioners as well as the

respondents 3 to 5 are present. The compounding petition would Crl.R.P.No.4436/2006

show that the matter has been settled between the parties and

the legal heirs of the original complainant, who are the additional

respondents 3 to 5, have received the consideration in full and

final satisfaction of the dispute involved in the case. The counsel

for the respondents 3 to 5 submitted that they do not want to

proceed with the prosecution further. The legal heir of the first

revision petitioner is already in the party array as the second

revision petitioner.

4. I am satisfied that the composition is voluntary. Hence,

Crl.M.A.No.2/2021 stands allowed. The offence against the

second revision petitioner stands compounded. The composition

shall have the effect of acquittal of the accused u/s 320(9) of

Cr.P.C. The conviction as against the first revision petitioner

stands abated.

Accordingly, the criminal revision petition is allowed and the

second revision petitioner is acquitted. The conviction as against

the first revision petitioner is recorded as abated.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE Rp