T.S.SOMAN Vs. A R SANTHOSHKUMAR

JUDGEMENT

(1.) The above Crl.M.C is filed with following prayers:

(2.) The petitioner was convicted and sentenced by the Judicial First Class Magistrate Court, Kothamangalam as per judgment dtd. 31/1/2011 in CC No.283 of 2008. Petitioner has not challenged the conviction and sentence. Petitioner is taken into custody based on the execution warrant. It is submitted that now the matter is settled with the defacto complainant and the affidavit is also filed as Annexure A3. Receipt also produced to show that the petitioner paid the amount. Hence this Crl.M.C is filed to quash Annexure A1 judgment.

(3.) Admittedly, an appeal is maintainable against Annexure A1 judgment. In such circumstances, this Court cannot invoke the jurisdiction under Sec. 482 Cr.P.C to quash a judgment by which the petitioner is convicted and sentenced. At this stage, the counsel for the petitioner submitted that since the matter is settled and the petitioner is in jail, he may be released and he may be given a breathing time to file an appeal. I think that prayer can be allowed. Therefore, this Crl.M.C is disposed of in the following manner: