Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 367 OF 2013
(SPECIAL LEAVE PETITION(CRL.)NO.1214 OF 2013)
PADMALAYAN & ANR. APPELLANTS
VERSUS
SARASAN & ANR. RESPONDENTS
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and order
passed by the High Court of Kerala at Ernakulam in Criminal
Revision Petition No.1831 of 2004, dated 11.10.2012. By the
impugned judgment and order, the High Court has confirmed the
orders passed by the learned Sessions Judge in Criminal Appeal
No.12 of 2011, dated 11.3.2004.
3. On a private complaint filed by the respondents herein for
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offences under Sections 141, 142, 143, 148, 149, 307, 324, 37 and
34 of the Indian Penal Code, 1860 ('the IPC' for short), the
learned Magistrate had convicted the appellants herein and had
sentenced them to undergo simple imprisonment for a period of two
years alongwith fine under Section 324 of the IPC. Being aggrieved
by the said order, the accused persons had approached the learned
Sessions Judge. The learned Judge, while confirming the conviction
of the accused, has modified the sentence to one year simple
imprisonment and for payment of Rs.10,000/- as fine on each of the
appellants, and, in default, to undergo further simple
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imprisonment of six months. Aggrieved by the said order, the
accused persons had filed a Criminal Revision Petition before the
High Court. The High Court, after hearing the parties to the lis ,
has dismissed the Petition filed by the accused persons. That is
how the accused persons are before us in this appeal.
4. The learned counsel, at the time of hearing of the appeal,
would submit that the parties to the lis have compounded the
offence under Section 320 of the Code of Criminal Procedure, 1973
(‘the Code’ for short). To this effect, an appropriate affidavit
has also been filed before this Court.
5. The learned counsel appearing for the respondents submits
that he has no objection if the accused persons are permitted to
compound the offence under Section 320 of the Code.
6. In view of the understanding between the parties, we permit
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the accused persons to compound the offences as provided under
Section 320 of the Code. Accordingly, we set aside the impugned
order and acquit the appellants of the charges alleged against
them.
7. For wasting the time of the Courts below and this Court, we
impose a cost of Rs.15,000/- each on the accused person/(s) for
being deposited in the Supreme Court Employees' Mutual Welfare
Fund within four weeks' time from today. If such deposit is not
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made within the time granted, the appeal stands dismissed, without
further reference to the Court.
Ordered accordingly.
.......................J.
(H.L. DATTU)
.......................J.
(RANJAN GOGOI)
NEW DELHI;
FEBRUARY 25, 2013
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