B. Padmakumar vs M. Manzoor
2024 Latest Caselaw 11042 Ker

Kerala High Court

B. Padmakumar vs M. Manzoor on 12 April, 2024

Author: P.Somarajan

Bench: P.Somarajan

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
        CRL.M.APPL.NO.3/2024 IN CRL.REV.PET NO. 429 OF 2024
      CRA 329/2005 OF ADDITIONAL SESSIONS COURT (ADHOC), MAVELIKKARA
     CC 367/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM

APPLICANT/REVISION PETITIONER:


     B. PADMAKUMAR, AGED 59 YEARS, S/O. BHASKARAN NAIR, PUTHUVAPADICKAL
     VEEDU, VETTUVENI MURI, HARIPAD VILLAGE, ALAPPUZHA - 690514.

RESPONDENTS/RESPONDENTS:

  1. M.MANZOOR, AGED 63 YEARS, S/O. MUHAMMADALI, MUKKATHIPURAYIDATHIL,
     NEAR M.S.M. COLLEGE, KAYAMKULAM MURI, KAYAMKULAM VILLAGE, ALAPPUZHA
     - 690502.
  2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM - 682031.


     Application praying that in the circumstances stated therein the
High Court be pleased to permit the petitioner's wife and the first
respondent to compound the offences for which the petitioner is found
liable to conviction, emanating from Judgment dated 7.12.2006 in Criminal
Appeal No.329 of 2005 on the file of the Additional District and Sessions
Court, Fast Track (ADHOC), Mavelikkara whereby the Judgment dated 8.4.2005
in C.C.No.367 of 2003 on the file of the Judicial First Class Magistrate
Court, Kayamkulam was confirmed.



     This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. M.R.ARUNKUMAR, MINI V.MENON &
P.SHAMMI NAVAS, Advocates for the petitioner and of M/S. T.J.SEEMA &
BHAVANA VELAYUDHAN, Advocates for the first respondent and of PUBLIC
PROSECUTOR for the second respondent, the Court passed the following:

     [P.T.O.]
                             P.SOMARAJAN, J.
                    ------------------------------
                        Crl.M.A.No.3 of 2024 &
                         Crl.M.A.No.4 of 2024
                                   in
                        Crl.R.P.No.429 of 2024
                    ------------------------------
                Dated this the 12th day of April, 2024

                                    O R D E R

Crl.M.A.No.3 of 2024 is for compounding the

offence. It is well settled by the Apex Court in

Seshaiah v. State of Telangana (2023 KLT OnLine 1075

(SC)) that it is permissible to compound the offence even

at the post-conviction stage. Hence, there is no legal

embargo in allowing the application. As such, the

compounding petition is accepted. The offence will stand

compounded and it will have the effect of acquittal of

the accused. Crl.M.A.No.3/2024 will stand allowed

accordingly.

Crl.M.A.No.4 of 2024 is filed to dispense with

the liability of deposit for the purpose of

compounding the offence. The application will stand

allowed.

Sd/-

P.SOMARAJAN JUDGE

DMR/-

12-04-2024 /True Copy/ Assistant Registrar