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Salim vs State

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.UBAID

TUESDAY, THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940

Crl.Rev.Pet.No.1918 of 2007

JUDGMENT IN CRA 19/2007 of ADDITIONAL SESSIONS COURT
(ADHOC)-I, THODUPUZHA DATED 27-03-2007
JUDGMENT IN CC 1130/2004 of J.M.F.C.-II, PEERUMADE
DATED 11.1.2007
—————-

REVISION PETITIONER/APPELLANT/ACCUSED:-

SALIM, S/O.SAYED MUHAMMED,
PUTHENTHARAYIL HOUSE, KOLLAMPATTADAM BHAGOM,
KUMILY KARA, KUMILY VILLAGE.

BY ADV. SRI.GRASHIOUS KURIAKOSE (SR.)

RESPONDENT/RESPONDENT/COMPLAINANT:-

STATE – S.H.O. KUMILY
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

BY SRI.C.M.KAMMAPPU (SR.PUBLIC PROSECUTOR)

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
30.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

COMMON ORDER

The revision petitioner herein challenges the

conviction and sentence against him under Section 498A

IPC in C.C.1130/2004 of the Judicial First Class

Magistrate Court-II, Peermade. The case relates to the

commission of suicide by the revision petitioner’s wife
Crl.Rev.Pet.No.1918/2007 and
Crl.M.A.No.1/2018
-: 2 :-

Jameela. The police did not find a case of abetment of

suicide, and so, final report was filed in the trial

court under Section 498A IPC. The accused faced trial,

and contested the case. He was found guilty, and was

convicted by the trial court. Against the conviction

and sentence, the accused approached the Court of

Session, Thodupuzha with Crl.A.No.19/2007, but he

failed in appeal.

2. Pending the revision, it was submitted on the

last occasion that the parties have come to terms

amicably, out of court. The complaint in this case was

made by the father of the deceased. He was examined as

PW1 in the trial court, and the son of the deceased was

examined as PW3. He is the son of the accused also.

Now, the parties have filed Crl.M.A.No.1/2018 under

Section 482 Cr.P.C. to quash the whole prosecution,

including the conviction and sentence. This

application is supported by the affidavit of PW1 and

PW3 examined in the trial court. The son of the

accused is now aged 25 years. PW1, who filed complaint

before the police is now aged 75 years. The incident

happened years back. It is submitted that the son of
Crl.Rev.Pet.No.1918/2007 and
Crl.M.A.No.1/2018
-: 3 :-

the accused has been trying for a good alliance. He

was examined as a witness against his father, and his

grandfather also gave evidence supporting the

prosecution case. Whether the evidence given by them

will satisfy the definition of cruelty under Section

498A IPC is a matter for examination. Any way, in the

present circumstances, where the parties have decided

to put an end to the legal fight, I feel it appropriate

to quash the prosecution against the accused. Even the

son of the accused, who once turned against him, is now

cordial with his father, and he has filed affidavit to

the effect that he has no grievance or complaint now,

though his mother happened to commit suicide in an

unfortunate circumstance. It appears that the accused

is now interested in getting a good alliance for his

son. I find that the parties have really settled the

dispute, and the settlement is acceptable in the

present circumstances. If the settlement is not

accepted, and the conviction happened to be confirmed

in revision, that would definitely affect the future of

the son of the accused. In the peculiar circumstances,

I feel it appropriate to quash the whole prosecution,
Crl.Rev.Pet.No.1918/2007 and
Crl.M.A.No.1/2018
-: 4 :-

including the conviction and sentence, accepting the

compromise made by the parties.

In the result, Crl.M.A.No.1/2018 is allowed,

and the revision is disposed of in terms of the orders

in Crl.M.A.No.1/2018. Accordingly, the whole

prosecution against the revision petitioner, including

the conviction and sentence against him under Section

498A IPC in C.C.No.1130/2004 will stand set aside.

Sd/-

P.UBAID
JUDGE
//True copy//

P.A. To Judge

Jvt/30.10.2018

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