Full Judgment Text
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CASE NO.:
Appeal (crl.) 1139 of 1999
PETITIONER:
K. KANDASAMY & ANR
RESPONDENT:
K.P.M.V.P. CHANDRASEKARAN
DATE OF JUDGMENT: 26/04/2005
BENCH:
B.P. SINGH & ARUN KUMAR
JUDGMENT:
J U D G M E N T
B.P.Singh,J.
This matter has been settled between the parties happily and a joint application has
been filed by the appellant and the respondent under Section 320(5) Cr.P.C. for compounding
the offence. A joint application is accompanied by affidavits of both the appellants and
the
respondent. The terms have been set out in para 3 of the joint petition, which is as follo
ws:-
"(a)The aggregate fine amount of Rs.8,000/- paid into the Court of
the Judicial Magistrate, Tuticorin by both the appellants will be
made over to the respondent.
(b)No further disputes of any nature will be raised by either the
appellants or the respondent in respect of the matters concerning the
present case."
Having regard to the facts of the case, we are of the view that permission may be
granted to the parties to compound the offence. Accordingly, permission is granted and ord
er is
passed in terms of the settlement reached between the parties which is extracted above.
In view of the compounding of the offence, appellants are acquitted of the offence
under Section 500 IPC with which they were charged and convicted.
The appeal is disposed of in the above terms.
It is agreed before us that the amount payable under the settlement to the
respondent has already been deposited in the court of Judicial Magistrate, Tuticorin.
The respondent may move an application before the court for withdrawal of that amount
and the court shall pass appropriate orders.