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2025 Supreme(Online)(KER) 14102

HIGH COURT OF KERALA
G. GIRISH, J
EBIN – Appellant
Versus
STATE OF KERALA – Respondent
Crl.Rev.Pet 1133/2016



Advocates:
For the Appellants/Petitioners: Sri.Rajiv Nambisan
For the Respondents: Paul Varghese Srambical, Smt Seetha S, Sr Public Prosecutor

Amicable settlement between parties can lead to the setting aside of convictions when no public interest is at stake.

Headnote:This revision is preferred against the concurrent findings of conviction and sentence of the petitioner for the offence under Sections 452 and 324 IPC. The petitioner faced prosecution and was convicted and sentenced by the Trial Court. The counsel for the petitioner submitted that the issue has been amicably settled between the petitioner and the injured parties, backed by affidavits indicating no grievance against the petitioner. Given that the matter is settled amicably with no public interest implications, the conviction is set aside. In the result, the petition stands allowed.

Table of Content
1. conviction details and amicable settlement presented. (Para 1 , 2)
2. court observes the amicable resolution nullifying the need for conviction enforcement. (Para 3 , 4)

ORDER

This revision is preferred against the concurrent findings of conviction and sentence of the petitioner for the offence under Sections 452 and 324 IPC , by the Additional Assistant Sessions Court, North Paravur, and the Additional Sessions Court-II, North Paravur. The petitioner faced prosecution before the Additional Assistant Sessions Court for the offences under , 323, 341, 354 and 308 read with Section 34 , in SC No.458/2012. He was convicted and sentenced by the Trial Court to undergo Simple Imprisonment for one year and a fine of Rs.5000/- under Section 452 , as well as under Section 324 . The aforesaid conviction and sentence was upheld by the Additional Sessions Judge II, North Paravur, in Crl.Appeal No.55/2015. It is the above judgment of the Appellate Court, which is under challenge in this revision.

2. When the matter is taken up for consideration today, the learned counsel representing the petitioner submitted that the issue has been amicably settled between the petitioner and PWs 1 and 2, the injured in this case. Accordingly, affidavits have been filed by PW1 and PW2, stating that they are having no subsisting grievance as against the petitioner.

3. The learned Public Prosecutor, upon instructions from the SHO of Police, Angamaly, submitted that as per the information gathered by the Investigating Agency also, the matter was found to have been settled amicably between the parties. The statement of facts in the above regard submitted by the SHO of Police, Angamaly, is placed for the perusal of this Court.

4. Having regard to the fact that the issue involved in this case has been amicably settled between the petitioner and the injured, I am of the view that there is no purpose to be fulfilled by enforcing the conviction and sentence awarded by the courts below. The issue involved in this case appears to be not having any implications upon the public interest. It seems that the personal grudge between the petitioner and the injured was the reason for the commission of the crime alleged in this case. In the above circumstances, it appears to be highly necessary to meet the ends of justice that the conviction and sentence awarded by the courts below are to be set aside.

In the result, the petition stands allowed. The judgment rendered by the Additional Sessions Court II, North Paravur, in Crl.Appeal No.55/2015, upholding the conviction and sentence of the petitioner herein, by the Additional Assistant Sessions Court, North Paravur, in SC No.458/2012, is hereby set aside. The petitioner is acquitted of the offence under Section 452 and 324 IPC .

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