- (1.)Leave granted. The Appellants were tried by the Judicial 1st Class Magistrate-II, Pathanamthitta for offences punishable under Sections 452, 323, 324 and 354 read with Section 34 of the Penal Code. By judgment and order dated 23/3/2009, learned Magistrate convicted them for offences under Sections 323 and 354 of the Penal Code and sentenced them to suffer simple imprisonment for six months each for the said offence. Learned Magistrate also convicted them under Section 447 of the Penal Code and sentenced them to suffer S.I. for one month each for the said offence. The sentences were ordered to run concurrently. The Appellants were acquitted of the offences punishable under Sections 452 and 324 of the Penal Code. The Appellants carried an appeal to the Additional District & Sessions Judge, Pathanamthitta. By judgment and order dated 30/4/2011, learned Sessions Judge dismissed the appeal. The Appellants preferred a revision to the Kerala High Court. The Kerala High Court by the impugned judgment and order dated 12/7/2011 dismissed the revision. Being aggrieved by the said dismissal, the Appellants have approached this Court.
(2.)It appears that the Appellants have settled the matter with the complainant. The Appellants, therefore, made a prayer that they may be permitted to implead P.W.-1 complainant-P.J. Thomas as well as P.W.-2 Ms. Anu P. Thomas and P.W.-3 Ms. Lizzy Thomas as party-Respondents. On 2/11/2012, this Court granted permission to implead P.W.-1 complainant-P.J. Thomas, P.W.-2 Ms. Anu P. Thomas and P.W.- 3 Ms. Lizzy Thomas as party Respondents. They are, therefore, before this Court.
(3.)An application is filed Under Section 320 of the Code of Criminal Procedure. requesting that in view of the settlement, permission to compound the offences may be granted. Affidavit has been filed by Appellant No. 1 confirming that the parties have settled the matter. Affidavit has been filed by the complainant P.J. Thomas stating that his daughter and wife are P.W.-2 and P.W.-3 in this case; that the matter has been settled and that he consents to the compounding of the said offences. He has prayed that on the basis of the compromise, the case may be allowed to be compounded. Similar affidavits have been filed by P.W.-2 Anu and P.W.-3 Lizzy.