Revision petitioners convicted under Section 498A IPC sought sentence reduction on grounds of post-arrest settlement and harmony. Court refused compounding due to statutory bar but reduced sentence given matrimonial nature and current harmony.
Sentence reduced to a fine of Rs. 1,000 each or simple imprisonment of ten days each in default.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 8TH DAY OF NOVEMBER 2016/17TH KARTHIKA, 1938
Crl.Rev.Pet.No. 878 of 2014 ()
Crl.A 809/2012 of ADDL. SESSIONS COURT - VII, ERNAKULAM CC 341/2008 of J.M.F.C-1.,PERUMBAVOOR
REVISION PETITIONER/REVISION PETITIONERS:
THELAYI HOUSE,PULIYAMBILLY BHAGOM, VENGOLA,PERUMBAVOOR.
BY ADVS.SRI.NAGARAJ NARAYANAN
SRI.B.R.MURALEEDHARAN SRI.SAIJO HASSAN SRI.K.K.VINOD SRI.K.V.SURESH
RESPONDENT/RESPONDENT:
Addl.2 SUHARABHI, S/O.MUHAMED ANIKKAT HOUSE, CHOWARA PO, ALUVA, ERNAKULAM DISTRICT.
ADDL.R.2 BY ADV. SMT.PRAMEELA.C.K.
BY PUBLIC PROSECUTOR, SHRI RAMESH CHAND
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 8-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.SUDHEENDRA KUMAR, J.
O R D E R
The revision petitioners were convicted under Section
498A read with Section 34 I.P.C. concurrently by the courts
below.
that the appreciation of evidence or the concurrent finding
by the courts below was perverse or incorrect. In the said circumstances, the concurrent finding of conviction by the
courts below does not warrant any interference by this
court.
Crl.R.P.878/2014
: 2 :
Crl.R.P.878/2014
: 3 :
a matrimonial dispute and presently, the parties are residing
together. Since the parties are residing together harmoniously, I am of the view that it is only just and proper to reduce the sentence and accordingly the sentence awarded by the courts below under Section 498A read with
Section 34 I.P.C. stands modified and reduced to a fine of Rs.1,000/- (Rupees one thousand only) each and in default to undergo simple imprisonment for ten days each, to
secure the ends of justice. Accordingly, I order so.
In the result, this revision petition stands allowed in part as above.
The revision petitioners shall surrender before the trial court on 1.12.2016 to suffer the sentence.
Sd/-
dl/27.10..2016
B.SUDHEENDRA KUMAR, JUDGE
// True Copy // PA to Judge
2 issues framed by the court
Whether the concurrent finding of conviction warrants interference.
Whether the petitioners' settlement affidavit permits compounding of Section 498A offence.
2 provisions across 2 enactments
SHAMSUDEEN
MARACKAR
NABEESA
STATE OF KERALA
SUHARABHI
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
