Kerala High Court
Shaji @ Bosco vs State Of Kerala on 10 August, 2022
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
