Saidali vs State Of Kerala
2022 Latest Caselaw 2711 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                CRL.REV.PET NO. 525 OF 2020
  JUDGMENT IN CC 618/2013 OF JUDICIAL MAGISTRATE OF FIRST
                  CLASS -II,PERINTHALMANNA
 CRA 154/2016 OF ADDITIONAL SESSIONS COURT - III, MANJERI


REVISION PETITIONER/ACCUSED:

         SAIDALI,
         AGED 50 YEARS
         S/O.ABDULLA, THAYYIL HOUSE, KARUVAMPARAMBA,
         EDAPPATTA P.O., MELATTUR, PERINTHALAMANNA TALUK,
         MALAPPURAM DISTRICT PIN-679 322.

         BY ADVS.
         C.DINESH
         SRI.P.SHAMMI NAVAS



RESPONDENTS/COMPLAINANT:

    1    STATE OF KERALA
         REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
         ERANAKULAM-682 031.

    2    SUB INSPECTOR OF POLICE,
         MELATTUR POLICE STATION, MELATTUR, MALAPPURAM
         DISTRICT PIN-679 326.
 Crl.R.P.No.525/2020

                               -:2:-

    3       NUSSERA,
            AGED 39 YEARS
            D/O.MAMMAD, THAPARAMBAN HOUSE, MUNDAKKODE,
            POOLAMANNA P.O., PANDIKKAD, MALAPPURAM DISTRICT
            PIN-676 521.

            BY ADV G.RENJITH

            SRI SANGEETHA RAJ-PP




     THIS    CRIMINAL   REVISION   PETITION   HAVING   COME   UP   FOR
ADMISSION ON 11.03.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Crl.R.P.No.525/2020

                               -:3:-




                              ORDER

Dated this the 11th day of March, 2022

The revision petitioner/accused has filed Crl.M.A.No.3/2020

under Section 320(2) of Cr.P.C seeking permission to compound

the offences.

2. The petitioner is the accused. He has been convicted

for the offences punishable under Section 341, 323 and 506(i)

read with Section 34 of IPC. The 3 rd respondent is the defacto

complainant.

3. All the offences are compoundable in nature. In the

application it has been stated that the petitioner was the former

husband of the 3rd respondent. Now the entire dispute between

them has been settled. The 3rd respondent does not want to

prosecute the case further. I am satisfied that the composition is

voluntary. Hence, Crl.M.A No.3/2020 shall stand allowed.

The composition shall have the effect of acquittal of the

accused under Section 320(8) of Cr.P.C. In view of the Crl.R.P.No.525/2020

settlement, the impugned judgments convicting and sentencing

the petitioner are set aside and the petitioner is acquitted.

The Crl.R.P is allowed.

Sd/-

                                       DR. KAUSER EDAPPAGATH
                                                JUDGE
kp                      True copy
                           P.A. To Judge