The High Court of Kerala allowed a criminal revision petition. Setting aside the conviction and sentence for cheating (IPC 417), the court acquitted the accused based on a valid compromise between parties and a report from the Magistrate confirming the settlement.
Conviction and sentence set aside; accused acquitted under Section 320(8) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 27TH DAY OF FEBRUARY 2012/8TH PHALGUNA 1933
Crl.Rev.Pet.No. 2899 of 2011 (B )
CRA.771/2008 of ADDL. DISTRICT & SESSIONS COURT, VADAKARA CC.70/2007 of J.M.F.C.,VADAKARA
REVISION PETITIONER/ACCUSED/APPELLANT:
N.K.GOPALAN, S/O.CHATHU, AGED 59 YEARS, NADUKKALOTH HOUSE, ORKKATTERY, VADAKARA TALUK, KOZHIKODE DT.(EDACHERY POLICE STATION LIMITED).
BY ADV. SRI.V.V.SURESH
RESPONDENTS/RESPNDENTS/COMPLAINANT, & STATE:
1. T.P.ABDURAHIMAN, S/O.MOOSA, AGED 50YEARS,
2. STATE OF KERALA,
R2 BY PUBLIC PROSECUTOR SR.T.R.RAJESH R1 BY SRI.C.BHASKARAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
MG
P. BHAVADASAN, J.
Dated this the 27th day of February, 2012.
ORDER
See the order dated 7.12.2011. In pursuance to
the said oder, JFCM, Vadakara conducted the necessary enquiry and has forwarded a report to this court in which it is stated that after satisfying the identity of both parties, i.e., the complainant and the accused, the learned Magistrate had taken the statement and was satisfied that there was a valid composition and both parties agreed that
the matter has been settled and that the defacto complainant has no further grievance in the matter.
view of Crl.M.A. 10552 of 2011 whereby the defacto complainant as well as the accused had pointed out that they have settled the difference between them and that the defacto complainant has no further grievance in the matter.
Crl.R.P.2899/2011.
2
In the result, this revision petition is allowed, the conviction and sentence passed by the courts below against the accused for the offence punishable under Section 417 of IPC are set aside and the he stands acquitted of the said offence under Section 320(8) Cr.P.C.
P. BHAVADASAN, JUDGE
sb.
3 issues framed by the court
Whether the revision petition should be allowed given the compromise between parties in a compoundable offence.
Whether the conviction and sentence for cheating under Section 417 IPC should be set aside in view of the settlement.
Whether the accused should be acquitted under Section 320(8) Cr.P.C. due to compounding of the offence.
2 provisions across 2 enactments
N.K. Gopalan
T.P. Abdurahiman
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
