Kerala High Court
P.P.Jaleel vs Shinod on 23 June, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
Crl.R.P.No.1157/2015
1
2025:KER:45000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947
CRL.REV.PET NO. 1157 OF 2015
CRIME NO.176/2001 OF Iritty Police Station, Kannur
AGAINST THE JUDGMENT DATED 03.07.2015 IN Crl.A NO.59
OF 2008 OF ADDITIONAL SESSIONS COURT - II, THALASSERY
ARISING OUT OF THE JUDGMENT DATED 25.1.2008 IN CC NO.162 OF
2002 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,MATTANNUR
REVISION PETITIONER/ACCUSED 1 TO 3:
1 P.P.JALEEL
S/O.MAMMU, BUSINESS MAN, KEEZHUR, THALASSERY.
2 RASHEED
AGED 38 YEARS
S/O.AMEED, CABLE WORKER, VILAMANA, THALASSERY.
3 SANU SHENOJ
AGED 41 YEARS
S/O.CHATHUKUTTY, BUSINESS, KEEZHUR, THALASSERY.
BY ADV SRI.C.P.UDAYABHANU
RESPONDENT/COMPLAINANT:
1 SHINOD, AGED 41
S/O.DEVASYA, PEDIYAKKAL HOUSE, KEEZHUR AMSAM,
UWAPPALLI DESOM, IRITTY, KANNUR.
2 SONY
AGED 38 YEARS
S/O.JOSEPH, PULIKKUNNEL HOUSE, CHERUPUZHA AMSAM,
VAYALEL, THALAPPARAMBA, KANNUR.
3 VIJAYAN, AGED 45
S/O.KUNJIRAMAN NAMBIAR, KADANGODAN VEEDU,
PADIYOOR P.O.
Crl.R.P.No.1157/2015
2
2025:KER:45000
4 STATE OF KERALA
BY THE SI OF POLICE, IRITTY POLICE STATION (CRIME
NO.176/001), REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682
031.
BY ADV SRI.G.SIJI
SRI.SANGEETHA RAJ.N.R-PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 23.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Crl.R.P.No.1157/2015
3
2025:KER:45000
ORDER
The petitioners faced trial for the offences punishable
under Sections 143, 147, 148, 341, 323 and 326 read with 149
of the IPC before the Judicial First Class Magistrate Court,
Mattannur (for short, the trial court) on the allegation that they
formed an unlawful assembly and in prosecution of the common
object of the assembly, wrongfully restrained, PW2, PW4 and
PW5 and assaulted them with knife, iron rod and sword, causing
serious injuries.
2. After a full fledged trial, the trial court found
the petitioners guilty for the offences punishable under Sections
143, 147, 148, 341, 323 and 326 read with 149 of the IPC.
They were convicted and sentenced for the said offneces. The
petitioners preferred appeal before the Additional Sessions
Court-II, Thalassery (for short, the appellate court) as
Crl.A.No.59/2008. The appellate court confirmed the conviction,
but modified the sentence. This revision petition has been filed
challenging the concurrent finding of conviction and sentence.
2025:KER:45000
One of the grounds raised in the revision petition is that the
entire matter has been settled between the parties.
3. I have heard the learned counsel for the
petitioner Sri. C.P. Udayabhanu and the learned Public
Prosecutor Sri. Sangeetha Raj N.R.
4. As stated already, PW2, PW4 and PW5 are the
injured witnesses. They have filed affidavits stating that the
entire dispute has been settled between them and they have no
objection in setting aside the conviction and sentence of both the
trial court as well as the appellate court. This Court in Soban v.
State of Kerala [2021 (3) KHC 383] has held that the criminal
proceedings involving non compoundable offences 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 offence prohibited for
compounding in terms of the pronouncements of the Apex Court
in Gian Singh v. Sate of Punjab [2012 (4) KLT 108 SC],
Narinder Singh & Others v. State of Punjab [(2014) 6 SCC
466] and State of Madhya Pradesh v. Laxmi Narayan &
Others [(2019) 5 SCC 688]. The Supreme Court in
Ramawatar v. State of Madhya Pradesh [2021 KHC OnLine
2025:KER:45000
6641] has held that the power under Section 482 of Cr.P.C can
be exercised to quash the non compoundable offences even after
the post conviction stage.
5. As already stated, the affidavits filed by the
injured witnesses would show that the matter has been settled
between the parties. This Court gave direction to the SHO
concerned to enquire with the victims as to the genuineness of
the affidavits and settlement. It is submitted by the learned
Prosecutor that the statements of the victims were recorded and
they stated that the matter has been amicably settled. The
offences for which the petitioners were convicted do not involve
the offence of any mental depravity or of heinous nature like
rape, dacoity or murder. It does not fall in the category of
offences termed to be prohibited, in the pronouncements of the
Apex Court in Gian Singh (supra), Narinder Singh (supra) and
in Laxmi Narayan (supra), to be compounded exercising power
under Section 482 of Cr.P.C. The dispute appears to be personal
in nature and the victims are no more interested in carrying on
with the criminal proceedings.
For the above reasons, I am of the view that invoking
power under Section 482 of Cr.P.C, the conviction and sentence
2025:KER:45000
of the petitioners can be set aside. Hence, the conviction and
sentence of the petitioners vide the impugned judgments are
hereby set aside. The petitioners are acquitted. The Crl.R.P is
disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2025:KER:45000
APPENDIX OF CRL.REV.PET 1157/2015
PETITIONER ANNEXURES
Annexure 1 THE AFFIDAVIT DATED 03.06.2025 SWORN BY
R3/PW4
