Madras High Court
Selvarasu vs State By on 10 August, 2021
Crl.R.C.No.437 of 2021
and
Crl.M.P.Nos.7124 & 7125 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Revision Case No.437 of 2021
and
Crl.M.P.Nos.7124 and 7125 of 2021
Selvarasu ... Petitioner
..vs..
State by
The Sub Inspector of Police,
Muthandikuppam Police Station,
Cuddalore District,
Crime No.139 of 2014. ... Respondent
Criminal Revision Case filed under Section 397 read with 401
Cr.P.C, to call for the entire records connected with the judgment dated
31.01.2020 passed by the learned I Additional District and Sessions
Judge, Cuddalore in Crl.Appeal No.46 of 2019 allowing the appeal and
confirming the judgment dated 08.02.2019 passed by the learned Judicial
Magistrate No.I (FAC) Panruti in C.C.No.111 of 2014, convicting the
petitioner/accused from altering the charge for the offence under Section
326 IPC to 325 IPC and set aside the same.
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Crl.R.C.No.437 of 2021
and
Crl.M.P.Nos.7124 & 7125 of 2021
For Petitioner : Mr.S.Sathia Chandran
For Respondent : Mr.S.Sugendran
Government Advocate (Crl.Side)
ORDER
This Criminal Revision Case has been filed against the order dated
31.01.2020 passed in Crl.Appeal No.46 of 2019 by the learned
I Additional District and Sessions Judge, Cuddalore.
2. The case of the prosecution as per the de facto complainant one
Rukumani is that on 01.07.2014 at about 1.30 p.m, when the de facto
complainant was grazing cow in the field of Kesava Padayatchi land at
Reddipalayam Village, the accused/petitioner herein abused her with
filthy language and assaulted her and also criminally intimidated her.
3.Based on the complaint given by the de facto complainant, the
respondent police registered a case in Crime No.139 of 2014 against the
petitioner. On completion of the investigation, the respondent police filed
a charge sheet before the learned Judicial Magistrate No.I, Panruti
against the petitioner for the offences punishable under Sections 294(b),
326 and 506(ii) IPC. The Court below, after trial found that the petitioner
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Crl.R.C.No.437 of 2021
and
Crl.M.P.Nos.7124 & 7125 of 2021
is guilty for the offence under Section 326 IPC and convicted and
sentenced him to undergo simple imprisonment for a period of one year
and to pay a fine of Rs.1,000/-, in default, to undergo simple
imprisonment for a period of one month for the offence under Section
326 IPC and the petitioner was acquitted from the charges for the offence
under Sections 294(b) and 506(ii) IPC. Aggrieved over the same, the
petitioner herein filed an appeal in Crl.A.No.46 of 2019 before the
Principal District and Sessions Judge, Cuddalore and the same was made
over to the learned I Additional District and Sessions Judge, Cuddalore.
The learned Sessions Judge, after hearing, modified the conviction from
the Section 326 IPC to Section 325 IPC and sentenced him to undergo
simple imprisonment for a period of six months and to pay a fine of
Rs.1,000/-, in default, to undergo simple imprisonment for a period of
one month. Challenging the said judgment of conviction and sentence,
the petitioner is before this Court by way of Criminal Revision Case and
also filed a petition seeking to permit the parties to Compound the
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and
Crl.M.P.Nos.7124 & 7125 of 2021
offence under Section 320(6) Cr.P.C and acquit the petitioner from the
above said case.
4.Today, when the matter is taken up for hearing, the learned
counsel for the petitioner and the de facto complainant/P.W1 appeared
before the Virtual Court and stated that the petitioner and the de facto
complainant entered into compromise and hence, the offence under
Section 325 IPC may be compounded. Therefore, they pray to set aside
the judgment of the lower appellate Court.
5. Heard the learned counsel for the petitioner and the leaned
Government Advocate (Crl.Side) for the respondent and also perused the
materials available on record.
6.On being satisfied with the averments made in supportive
affidavit filed by the de facto complainant in support of this case, this
Court permit the parties to compound the offence under Section 320(6)
Cr.P.C. Since the petitioner has been convicted and sentenced for the
offence under Section 325 IPC, which is a compoundable offence and the
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de facto complainant also appeared before this Court through Video
Conferencing and submitted that she has entered into compromise with
the petitioner, this Court permits them to compound the offence.
7.In the light of the above, the judgment of both the Courts below
are liable to be set aside and accordingly set aside. This Criminal
Revision Case is allowed and the offence under Section 325 IPC tried in
Crl.Appeal No.46 of 2019 by the learned I Additional District and
Sessions Judge, Cuddalore is compounded. As per Section 320(6) Cr.P.C
the petitioner/accused shall stand acquitted for the offence under Section
325 IPC. Fine amount, if any, paid by the petitioner shall be refunded to
him. Consequently, connected miscellaneous petitions are allowed.
However, if the presence of the petitioner is required for any other case,
the respondent police shall take action in that case.
10.08.2021
Index: Yes/No
Speaking Order/Non Speaking Order
ms
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Crl.R.C.No.437 of 2021
and
Crl.M.P.Nos.7124 & 7125 of 2021
P.VELMURUGAN, J.
ms
To
1.The I Additional District and
Sessions Judge, Cuddalore.
2.The Judicial Magistrate No.I (FAC)
Panruti.
3.The Superintendent,
Central Prison, Cuddalore.
4.The Sub Inspector of Police,
Muthandikuppam Police Station,
Cuddalore District.
5.The Public Prosecutor,
High Court, Madras.
Crl. R.C.No.437 of 2021
and
Crl.M.P.Nos.7124 & 7125 of 2021
10.08.2021
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