SUNNY Vs. STATE OF KERALA

JUDGEMENT

(1.) The concurrent findings rendered by both the courts below and the conviction for the offence punishable under Sec. 324 and 326 IPC are under challenge. An application - Crl.M.A.No.2/2023 is filed regarding post conviction settlement between the parties. The legal position settled by the Apex Court in Ramgopal & Anr v. The State of Madhya Pradesh [2022 CrLJ 2801] and Ramawatar v. State of Madhya Pradesh [2021 AIR (SC) 5228] was brought to the notice of this Court in support of the contention that it is permissible to nullify the conviction even at the postconviction stage after exhausting the appellate remedy.

(2.) The offence alleged and brought out will not constitute any heinous crime or a menace to the society. As such, there is nothing wrong to nullify the conviction and the sentence for the offence under Ss. 324 and 326 IPC in view of the amicable settlement arrived at by the parties recorded and submitted in Crl.M.A.No.2/2023. Hence, the conviction and sentence are set aside. The accused is given the benefit of acquittal in view of the settlement arrived at.

(3.) The Criminal Revision Petition will stand allowed accordingly.