The High Court allowed the criminal revision petition applying Soban v. State. The conviction under Section 324 IPC was set aside, and proceedings were quashed due to settlement and withdrawal of the complaint by the victim.
Conviction and sentence set aside; proceedings quashed; fine released to complainant.
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 N.NAGARESH
THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945
CRL.REV.PET NO. 681 OF 2023
AGAINST THE ORDER/JUDGMENT CRA 62/2020 OF
ADDITIONAL SESSIONS COURT - III, MANJERI
CC 478/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NILAMBUR
REVISION PETITIONER/ACCUSED:
SUDHEESH K., AGED 40 YEARS
S/O KUNHIKKUTTAN, KOLKKADAN HOUSE,
KANNACHAMKUNNU, AMARAMBALAM, AMARAMBALAM POST,
MALAPPURAM DISTRICT, PIN – 679332
BY ADVS.
C.DINESH
RESHMI VIJU
RESPONDENTS/COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 SUB INSPECTOR OF POLICE POOKKOTTUMPADAM POLICE STATION, POOKKOTTUMPADAM, MALAPPURAM DISTRICT - 6793323 SHIBU JAYAN, AGED 42 YEARS S/O NARAYANAN, CHAKKAMMATTU HOUSE, POOKKOTTUMPADAOM P.O., MALAPPURAM DISTRICT – 679332SRI.C.S. HRITHWIK, SENIOR PUBLIC PROSECUTOR
SRI.P.SHAMMI NIVAS-R3
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
14.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Dated this the 14th day of September, 2023
The revision petitioner was convicted under Section 324 of the Indian Penal Code and sentenced to undergo simple imprisonment for one year and to pay a fine of ₹10,000/-.
hearing today, counsel for the revision petitioner and the counsel for the 3rd respondent submitted that they have settled the issues themselves. An affidavit dated 07.09.2023 has been filed by the revision petitioner in this regard.
has informed the police that he has no further grievance and
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he is not prosecuting the complaint.
v. State of Kerala [2021 (3) KHC 383] , the conviction and sentence against the revision petitioner / accused is set aside. The entire proceedings initiated in terms of Crime No.148/15 of Pookottumpadam Police Station is quashed. Fine amount,
if any paid by the accused, may be released to the complainant.
The Crl.R.P is disposed of as above.
Sd/-
N.NAGARESH
JUDGE
spk
Crl.R.P. No.681 of 2023
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APPENDIX OF CRL.REV.PET 681/2023
PETITIONER ANNEXURES
Annexure 1THE ORIGINAL AFFIDAVIT EXECUTED BY THE
3RD RESPONDENT DATED 10.8.2022
1 issue framed by the court
Whether the convicted accused deserves condonation for settlement and withdrawal of complaint in proceedings under Section 324 IPC.
Colour shows how this judgement treated each authority
Soban v. State of KeralaApplied¶30
_Soban v. State of Kerala_ [2021 (3) KHC 383]
1 provisions across 1 enactments
Sudheesh K.
State of Kerala
Sub Inspector of Police Pookkottumpadam Police Station
Shibu Jayan
N.Nagareth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court