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2026 Supreme(Online)(Ker) 4911

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
ALICE K.A – Appellant
Versus
STATE OF KERALA – Respondent
CRL.REV.PET NO. 444 OF 2024|CRL.REV.PET NO. 651 OF 2024



Advocates:
For the Appellants/Petitioners: SMT.K.P.SANTHI
For the Respondents: SRI.E.C.BINEESH, SRI.K.M.MUHAMMED HUSSAIN, SRI.N.R.SANGEETH RAJ

Judicial convictions can be set aside upon amicable settlements between parties in criminal proceedings.

Headnote:The accused was convicted under Section 138 of the NI Act, leading to a sentence that was later challenged in two Criminal Revision Petitions. The issue revolves around the conviction, alongside an amicable settlement reached between the parties, highlighting the lawful terms of the memorandum agreed upon. The court decided to set aside the prior convictions, confirming the resolution achieved through mediation.

Table of Content
1. challenge to prior judgments. (Para 1)
2. conviction under ni act. (Para 2)
3. mediation report indicating settlement. (Para 3)

JUDGMENT

The challenge in these Criminal Revision Petitions is to the judgment dated 21.02.2024 in Crl.Appeal No.92 of 2018, of the Additional Sessions Court-III, Thrissur, confirming the conviction and sentence rendered by the Judicial First Class Magistrate Court-VI, Thrissur, in judgment dated 24.02.2018 in S.T. No.156 of 2017.

2. The accused was convicted under Section 138 of the NI Act and sentenced to undergo imprisonment till the rising of the court and to pay a fine of Rs.11,09,000/-.

3. The accused challenged the judgment of conviction, in Crl.R.P.No.444 of 2024, while the complainant challenged the sentence, in Crl.R.P.No.651 of 2024. As per the order dated 27.10.2025, the parties were referred to mediation. A report has been submitted by the Mediator, District Mediation Centre, Thrissur, stating that the matter has been settled. The memorandum of agreement is appended to the report. It is stated in the memorandum that the disputes between the parties have been amicably settled. The terms arrived at between the parties are lawful. Hence, the conviction and sentence passed by the Judicial First Class Magistrate Court-VI, Thrissur, in S.T. No.156 of 2017 and confirmed by the Additional Sessions Court-III, Thrissur, in Crl.Appeal No.92 of 2018, stand set aside.

The Revision Petitions are disposed of, recording the aforementioned agreement entered into between the parties. The memorandum of agreement shall form part of this judgment.

Sd/-

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