Madras High Court
Arokiyasamy vs State on 27 October, 2021
Crl.A.(MD).No.412 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.A.(MD).No.412 of 2016 and
Crl.MP(MD) No.8208 of 2021
1.Arokiyasamy
2.Selvaraj
3.Johnson ... Appellants/Accused 1 to 3
-vs-
State,
rep by the Inspector of Police,
Vallam Police Station,
Thanjavur District.
(Crime No.219 of 2014) ... Respondent/Complainant
PRAYER : Criminal Appeal is filed under Section 374 of Cr.P.C., to set
aside the judgment and conviction dated 14.10.2016, by the learned I
Additional District and Sessions Judge (PCR), Thanjavur in S.C.No.257 of
2015 and acquit the appellants.
For Appellant : Mr.M.Karunanithi
For Respondent : Mr.M.Muthumanikkam
Government Counsel
1/7
https://www.mhc.tn.gov.in/judis/
Crl.A.(MD).No.412 of 2016
JUDGMENT
The present Criminal Appeal is directed against the conviction
and sentence, made in S.C.No.257 of 2015, on the file of the I Additional
District and Sessions Judge (PCR) Court, Thanjavur on 14.10.2016.
2.The appellants are arrayed as accused 1 to 3 in the above
referred case. Before the trial Court, charges under Sections 294(b), 325 and
307 IPC and 3(1) of TNPPDL Act have been framed against the accused.
After full-fledged trial, the learned I Additional District and Sessions
Judge(PCR Court) Thanjavur came to the conclusion that the appellants are
found guilty under Section 325 IPC and they were convicted and sentenced
to undergo Rigorous imprisonment for seven years and to pay a fine of
Rs.50,000/- each, in default, the accused was sentenced to undergo one year
simple imprisonment.
3.Being dissatisfied with the said findings, the appellants are
before this Court with the present Criminal Appeal.
https://www.mhc.tn.gov.in/judis/
Crl.A.(MD).No.412 of 2016
4.When the appeal is posted for enquiry, the appellants/accused
along with the defacto complainant and the injured filed Clrl.MP(MD) No.
8208 of 2021, wherein, they prayed permission to compound the offences,
under which, they were convicted.
5.No doubt, the offence under Section 325 IPC can be
compounded with the permission of this Court. More over, in Crl.A No.
1489 of 2012, dated 29.09.2021 in Ramgopal & another vs. The State of
Madhya Pradesh, our Hon'ble Apex Court has observed that, even for the
offence classified as non-compoundable, after considering the evidence, the
High Court is having power to record the compromise under Section 482 of
Cr.P.C.
6.Hence, applying the aforesaid ratio with the case on hand, this
Court after considering the evidence given by the witnesses before the trial
Court, came to the conclusion that this is a fit case for recording
compromise, thereby, the parties were directed to appear before this Court.
https://www.mhc.tn.gov.in/judis/
Crl.A.(MD).No.412 of 2016
7.Accordingly, today(27.10.2021), when the matter is taken up for
hearing, both the defacto complainant, the injured and the appellants 1 to 3
are present before this Court. Mr.V.Pandiyan, Special Sub Inspector of
Police, Vallam Police Station, Thanjavur District is present before this Court
and identified the parties. They were also identified by the respective
learned counsel appearing on behalf of them. Both the parties have filed
joint compromise memo, wherein, the defacto complainant and the injured
had prayed to acquit the accused from the conviction passed against them by
the learned I Additional District and Session Judge, Thanjavur. Accordingly,
in view of the above, since the parties to the dispute have mutually buried
their hatchet and also due to the reason that the offence require to record
compromise is a compoundable one, no purpose will be served in keeping
the case pending further. Hence, permission is granted to either parties to
compound the offence.
https://www.mhc.tn.gov.in/judis/
Crl.A.(MD).No.412 of 2016
8. Thus, in view of the above and by recording the
compromise, this Criminal Appeal is allowed and the judgment in S.C.No.
257 of 2015 passed by the learned I Additional District and Sessions Judge
(PCR), Thanjavur on 14.10.2016 is hereby set aside. Consequently,
connected Miscellaneous Petition is closed. The joint compromise memo
shall form part and parcel of this order.
27.10.2021
Index : Yes / No
Internet : Yes / No
vrn
Note :
In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate / litigant concerned.
https://www.mhc.tn.gov.in/judis/
Crl.A.(MD).No.412 of 2016
To
1.The I Additional District and Sessions Judge (PCR), Thanjavur.
2.The Inspector of Police,
Vallam Police Station,
Thanjavur District.
(Crime No.219 of 2014) .
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.A.(MD).No.412 of 2016
R.PONGIAPPAN, J.
vrn
JUDGMENT MADE IN
Crl.A.(MD).No.412 of 2016 and
Crl.MP(MD) No.8208 of 2021
27.10.2021
https://www.mhc.tn.gov.in/judis/
