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Judgment
7 paragraphs · 197 wordsLeave granted.
Heard learned counsel for the parties and perused the relevant material.
The appellant was convicted under Section 494 of IPC and sentenced to undergo imprisonment of one year which was subsequently reduced to one month by the High Court.
In this appeal, the appellant-accused has filed the affidavit of Sumathi stating that he has compromised the matter with his wife -Sumathi (R.No.1). By order dated 14.12.2018, we have directed the standing counsel for the State of Kerala to verify the genuineness of the affidavit filed by the wife of the appellant.
Learned counsel appearing on behalf of the State has filed the report from the District Police Office, Malappuram District, Kerala along with statement of the appellant's wife Sumathi. As per report, the appellant and his wife have settled the matter and are living together with their children. The compromise between the appellant and the respondent no. 1 is recorded.
The conviction of the appellant under Section 494 IPC and the sentence of imprisonment imposed on him are set aside and the appellant is acquitted under Section 320(8) of the Code of Criminal Procedure.
The appeal is, accordingly, allowed.