BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition was preferred by the accused in C.C No.462/93 on the file of the Judicial First Class Magistrate's Court, Changanasserry. He has been convicted for an offence punishable under Sec. 326 of Indian Penal Code. He was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000.00.

(2.) PW1 was the defacto complainant, who is no more. PW6 was the only son, who is also no more. The daughter of the PW1 also agreed for a settlement. So also, PW3-the widow of the defacto complainant. The compromise petition is on board.

(3.) Though Sec. 326 is a non-compoundable offence, taking note of the nature of dispute, it has no public ramification, I am of the view that the compounding petition can be acted upon. Accordingly, I allow the criminal revision petition in the light of composition and set aside the conviction sentence passed by the court below.