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2025 Supreme(Online)(Ker) 14088

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
ABDUL NAZAR S/O.MOHAMMED | HAMZA | KOYAKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
Crl.Rev.Pet 396/2015



Advocates:
For the Appellants/Petitioners: SRI.P.SAMSUDIN, SRI.K.C.ANTONY MATHEW
For the Respondents: SRI.E.C.BINEESH, P.P.

Mutual consent and mediation in criminal cases can lead to acquittal, emphasizing the importance of voluntary agreements.

Headnote:(A) Criminal Procedure Code, 1973 - Sections relevant to the appeal process - The court acknowledged the settlement reached between the parties in both cases, leading to the withdrawal of the cases and subsequent acquittal of the accused. (Paras 1, 3)

(B) Settlement of Cases - The court emphasized the importance of mediation and voluntary agreements between parties in criminal cases, allowing for the dismissal of charges upon mutual consent. (Paras 2, 3)

Facts of the case:
The revision petitions challenged the convictions in two cases that were settled through mediation, where both parties agreed not to proceed with the cases.

Findings of Court:
The court set aside the convictions and acquitted the accused based on the mutual settlement reached between the parties.

Issues: The main issue was whether the court should uphold the convictions in light of the parties' settlement.

Ratio Decidendi: The court ruled that mutual consent and settlement between the parties in criminal cases can lead to acquittal, reinforcing the role of mediation in resolving disputes.

Result: The impugned convictions and sentences in both cases are hereby set aside and the accused are acquitted.

Table of Content
1. revision petition challenges conviction and sentence. (Para 1)
2. mediation led to settlement and withdrawal of cases. (Para 2)
3. court acquits accused based on mutual agreement. (Para 3)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 26TH DAY OF MAY 2025 / 5TH JYAISHTA, 1947 CRL.REV.PET NO. 1785 OF 2014 AGAINST THE JUDGMENT DATED 28.09.2007 IN CC NO.905 OF

2003 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, PERINTHALMANNA AGAINST THE JUDGMENT DATED 25.08.2014 IN CRL.A NO.315 OF 2007 OF ADDITIONAL SESSIONS COURT - II, MANJERI REVISION PETITIONERS/APPELLANT/ACCUSED 1, 3 AND 4:

1 ABDUL NAZAR S/O.MOHAMMED, CHOLAKKATUTHODI HOUSE, ELAMKULAM AMSOM, KUNNAKKAVU, PARAKKALMUKKU, PERINTALMANNA MALAPPURAM DISTRICT.

2 HAMZA, S/O.MOHAMMED CHOLAKKATUTHODI HOUSE, ELAMKULAM AMSOM, KUNNAKKAVU, PARAKKALMUKKU, PERINTALMANNA MALAPPURAM DISTRICT.

3 KOYAKUTTY S/O.MOHAMMED CHOLAKKATUTHODI HOUSE, ELAMKULAM AMSOM, KUNNAKKAVU, PARAKKALMUKKU, PERINTALMANNA MALAPPURAM DISTRICT.

BY ADVS.

SRI.P.SAMSUDIN SRI.K.C.ANTONY MATHEW RESPONDENT/RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031 OTHER PRESENT:

SRI.SANGEETHA RAJ-N.R-PP THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26.05.2025, ALONG WITH CRL.REV.PET.NO.396/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 26TH DAY OF MAY 2025 / 5TH JYAISHTA, 1947 CRL.REV.PET NO. 396 OF 2015 AGAINST THE JUDGMENT DATED 24.01.2015 IN CRL.A NO.334 OF 2010 ON THE FILES OF THE COURT OF SESSIONS, MANJERI DIVISION (ADDITIONAL SESSIONS COURT - II, MANJERI)

AGAINST THE JUDGMENT DATED 29.09.2010 IN CC NO.508 OF

2004 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, PERINTHALMANNA REVISION PETITIONERS/APPELLANTS/ACCUSED 1, 2, 3 AND 5:

1 MUHAMMEDALI S/O.ABDUTTY,POOLAKKAPARAMBATH HOUSE, ELAMKULAM AMSOM,CHENAMPARAMBA, MALAPPURAM DISTRICT. 2 MUHAMMED @ MANI S/O.VEERAN, POOLAKKAPARAMBATH HOUSE, ELAMKULAM AMSOM, CHENAMPARAMBA, MALAPPURAM DISTRICT.

3 POLLAKKAPARAMBATH UNNENKUTTY S/O.MUHAMMED, ELAMKULAM AMSOM, MUTHUKURUSSI, MALAPPURAM DISTRICT.

4 ISMAYIL S/O.VEERAN, POOLAKKAPARAMBATH HOUSE, ELAMKULAM AMSOM,CHENAMPARAMBA, MALAPPURAM DISTRICT.

BY ADVS.

SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:

1 THE SUB INSPECTOR OF POLICE, PERINTHALMANNA MALAPPURAM DISTRICT, PIN-679322.

2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

BY SRI.E.C.BINEESH, P.P.

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26.05.2025, ALONG WITH CRL.REV.PET.NO.1785/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

Crl.R.P.No.1785 of 2014 has been filed challenging the concurrent finding of conviction and sentence in C.C.No.905 of 2003 on the files of the Judicial First Class Magistrate Court-II, Perinthalmanna and Crl.A.No.315 of 2007 on the files of the Additional Sessions Court-II, Manjeri.

2. Crl.R.P.No.396 of 2015 has been filed challenging the concurrent finding of conviction and sentence in C.C.No.508 of 2004 on the files of the Judicial First Class Magistrate Court-II, Perinthalmanna and Crl.A.No.334 of 2010 on the files of the Additional Sessions Court-II, Manjeri.

3. C.C.No.905 of 2003 and C.C.No.508 of 2004 are a case and counter case. Both cases were referred to mediation. The accused and the de facto complainant entered appearance. In the mediation, both cases have been settled between the parties and an agreement has been entered into between them. As per the settlement, both parties voluntarily agreed that they do not want to proceed with both cases. In view of the settlement, the impugned convictions and sentences in both cases are hereby set aside and the accused are acquitted.

Hence, these criminal revision petitions are disposed of in terms of the settlement. The memorandum of settlement agre

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