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CASE NO.: Appeal (crl.)  1139 of 1999

PETITIONER: K. KANDASAMY & ANR

RESPONDENT: K.P.M.V.P. CHANDRASEKARAN

DATE OF JUDGMENT: 26/04/2005

BENCH: B.P. SINGH & ARUN KUMAR

JUDGMENT: J U D G M E N T

B.P.Singh,J.            This matter has been settled between the parties happily and a joint application has   been filed by the appellant and the respondent under Section 320(5) Cr.P.C. for compounding  the offence.   A joint application is accompanied by affidavits  of both the appellants and  the  respondent.   The terms have been set out in para 3 of the joint petition, which is as follo ws:- "(a)The aggregate fine amount of Rs.8,000/- paid into the Court of  the Judicial Magistrate, Tuticorin by both the appellants will be  made over to the respondent. (b)No further disputes of any nature will be raised by either the  appellants or the respondent in respect of the matters concerning the  present case."

       Having regard to the facts of the case, we are of the view that permission may be  granted to the parties to compound the offence.   Accordingly, permission is granted and ord er is  passed in terms of the settlement reached between the parties which is extracted above.         In view of the compounding of the offence, appellants are acquitted of the offence  under Section 500 IPC with which they were charged and convicted.            The appeal is disposed of in the above terms.         It is agreed before us that the amount payable under the settlement to the  respondent has already been deposited in the court of Judicial Magistrate, Tuticorin.    The respondent may move an application before the court for withdrawal of that amount  and the court shall pass appropriate orders.