AI Structured Summary
Not yet generated for this judgment
Judgment
K.Haripal, J
Petitioner in this revision filed under Sections 397 and 401 of the Code of Criminal Procedure is the convict in C.C.No.186/2007 of the Judicial First
Class Magistrate Court-II, Thrissur. By judgment dated 10.07.2014, the petitioner was found guilty of offence under Section 417 of the IPC and was
sentenced to undergo simple imprisonment for eight months and to pay a compensation of Rs.1,42,000/- to the complainant/second respondent, in
default to undergo simple imprisonment for three months. That amount was to be paid to the second respondent as compensation. Against the said
conviction and sentence, the petitioner preferred Crl.Appeal No.192/2014 before the Sessions Court, Thrissur. The learned Additional Sessions Judge,
by judgment dated 21.08.2019, confirmed the conviction but modified the sentence to rigorous imprisonment for two months; the appellate court
maintained the fine of Rs.1,42,000/-, which was directed to be paid to the defacto complainant. This revision is filed against concurrent finding of
conviction and sentence imposed on the petitioner.
I heard the learned counsel for the petitioner and also the learned counsel for the second respondent.
It is submitted that the petitioner has already been taken into custody in execution of the conviction and now he is undergoing compulsory
quarantine. Now it is stated that the parties have reached a settlement. The petitioner has moved Crl.M.A.No.4 of 2021 along with an affidavit of the
second respondent/the defacto complainant, affirming that the matter has been settled between the parties. In the affidavit dated 24.08.2021, Sunny,
the defacto complainant who was examined as PW1 before the First Class Magistrate Court, has stated that the matter has been settled and that he
has no intention to proceed with the criminal prosecution.
As stated earlier, the petitioner stands convicted for offence under Section 417 of the IPC. It is a compoundable offence falling in the former part
of Section 320 of the Cr.P.C. Now the matter has been settled between the petitioner and the defacto complainant. Thus recording the settlement, the
petitioner is acquitted of the offence under Section 320(8) of the Cr.P.C. He shall be released forthwith.
The revision is allowed as above.