Madras High Court
Selvakumar vs State Rep. By Its on 29 September, 2021
Crl.A (MD) No.121 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.A.(MD)No.121 of 2016
Selvakumar : Appellant
Vs.
State rep. by its
The Inspector of Police,
All Women Police Station,
Thiruppathur,
Sivagangai District.
(Crime No.5 of 2009) : Respondent
PRAYER: This Criminal Appeal is filed under Section 374 of the Code of
Criminal Procedure, to call for the records in connection with the conviction
and sentence, dated 05.04.2016, made in S.C.No.12 of 2012, on the file of
the Fast Track Mahila Court, Sivagangai and set aside the same.
For Appellant : Mr.V.Kathirvelu
Senior Counsel
for Mr.K.Prabhu
For Respondent : Mr.M.Muthumanikkam
Counsel for Government of
Tamil Nadu (crl.side)
1/6
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Crl.A (MD) No.121 of 2016
JUDGMENT
This present criminal appeal is directed against the conviction and
sentence dated 05.04.2016, made in S.C.No.12 of 2012, on the file of the
Fast Track Mahila Court, Sivagangai.
2.The appellant is the sole accused in the above referred case.
He stood charged for the offences under Sections 417 and 376 of IPC.
After full-fledged trial, the learned Judge, Fast Track Mahila Court,
Sivagangai, came to the conclusion that the appellant/accused was found
guilty under Section 417 of IPC, convicted and sentenced to undergo one
year rigorous imprisonment and to pay a fine of Rs.15,000/-, in default, to
undergo three months rigorous imprisonment. In respect to the charge
under Section 376 of IPC, the trial Court acquitted the accused from the
charge. Being dissatisfied with the conviction and sentence, the appellant is
before this Court with the present Criminal Appeal.
3.Today, when this criminal appeal is taken up for hearing, a Joint
Memo of Compromise, dated 27.09.2021, signed by the appellant, the
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Crl.A (MD) No.121 of 2016
de-facto complainant and their respective counsels, has been filed before
this Court and prayed to compound the offence. The appellant viz.,
Selvakumar, the defacto complainant and Ms.R.Chithiraselvi, Inspector of
Police, All Women Police Station, Thiruppathur, Sivagangai District are all
present in person before this Court. The said R.Chithiraselvi, Inspector of
Police, identified the accused and the defacto complainant. The learned
Government Advocate (Criminal side) appearing for the respondent Police
has also conceded that the parties present before this Court are the accused
and the de-facto complainant. This Court also enquired both parties and was
satisfied that the parties have come to an amicable settlement between
themselves.
4.It is seen that the defacto complainant is a major, she and the
appellant were fell in love with each other. She appears to be a person
understand the happenings and the consequences, knowingly she had been
in physical relationship with the appellant on several occasions. She filed
an affidavit dated 04.09.2021 stating that wholeheartedly she settled the
dispute with the appellant/accused without any influence or coercion.
Further, the occurrence took place in the year 2009 and subsequent to that,
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Crl.A (MD) No.121 of 2016
she got married and settled with a family and pendency of the appeal is
causing mental agony to her and therefore, she is not interested to proceed
further with the criminal case.
6.During the pendency of the appeal, the victim had appeared
before this Court and expressed that she is willing to compound the offence
with the appellant. A Joint Compromise Memo to that effect has been filed
before this Court. She is inclined and willing to compound the offence.
7.Under the circumstances, permission is granted to compound the
offence under Section 417 of I.P.C., for which, the appellant stands
convicted. In view of the compounding of the offence, the accused is
acquitted of the offence levelled against him.
8.In the result, this Criminal Appeal is allowed and the judgement
and conviction imposed on the appellant, by the learned Judge, Fast Track
Mahila Court, Sivagangai, in S.C.No.12 of 2012, dated 05.04.2016, is set
aside and the appellant is acquitted from all the charges. The bail bond
executed by the appellant is discharged. The trial Court is directed to
deposit the fine amount, if any paid by the appellant, to the credit of
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Crl.A (MD) No.121 of 2016
Rojavanam, Home for Aged and Poor, Account No.6481560540, Indian
Bank, Madurai Bench of Madras High Court, Madurai. The Joint
Compromise Memo, dated 24.09.2021, shall form part of this judgment.
29.09.2021
Index : Yes/No
Internet : Yes/No
cp
To:-
1.The Judge,
Fast Track Mahila Court,
Sivagangai.
2.The Inspector of Police,
All Women Police Station,
Thiruppathur,
Sivagangai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
4.The Section Officer,
Criminal Section records,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A (MD) No.121 of 2016
R.PONGIAPPAN, J.
cp
JUDGMENT MADE IN
Crl.A.(MD)No.121 of 2016
29.09.2021
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