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Judgment
Dr. Kauser Edappagath, J
This Criminal Revision Petition has been filed challenging the judgment of the Judicial First Class Magistrate Court-I, Manjeri in C.C.No.855/2004 dated 03/03/2006 and the judgment of Sessions Court, Manjeri in Crl.A.No.140/2006 dated 19/01/2010.
The revision petitioner was the accused No.1 in C.C.No.855/2004. The offences alleged against him were under Sections 406 and 420 r/w 34 of the IPC. The learned Magistrate after full-fledged trial found the revision petitioner guilty under Section 406 of the IPC. He was convicted for the said offence. He was sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for six months.
The appeal preferred by the revision petitioner was dismissed by the Sessions Court. Challenging the judgment of the learned Magistrate as well as the Sessions Court, this criminal revision petition has been preferred.
The respondent No.2 has been arrayed as the defacto complainant. Now, the matter has been settled between the parties. The offence involved is compoundable in nature with the permission of the Court. A compounding petition has been filed by the revision petitioner as well as the respondent No.2. It is stated in that compounding petition that the entire matter has been settled between the parties and the respondent No.2 does not want to proceed with the case further.
The learned counsel for the respondent No.2 as well as the counsel for the revision petitioner submitted that the entire matter has been settled between the parties. I am satisfied that the composition is voluntary. Hence, the offence stands compounded and the composition shall have the effect of the acquittal of the accused No.1/revision petitioner under Section 320(8) of Cr.P.C.
The criminal revision petition stands disposed of in terms of the composition. Accordingly, the impugned judgments of conviction and sentence are set aside.