Loordhusamy vs Andhoniraj
2022 Latest Caselaw 10610 Mad

                                                                                          Crl.R.C.No.528 of 2022
                                                                                     and Crl.M.P.No.5693 of 2022



                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 20.06.2022

                                            CORAM :
                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                     Crl.R.C.No.528 of 2022
                                                   and Crl.M.P.No.5693 of 2022

                     In Crl.R.C.No.528 of 2022:

                     Loordhusamy                                          ... Petitioner


                                                             Versus

                     Andhoniraj                                  ... Respondent

In Crl.M.P.No.5693 of 2022:

                     Andhoniraj                                  ... Petitioner


                                                             Versus

                     Loordhusamy                                          ... Respondent

Prayer in Crl.R.C.No.528 of 2022: Criminal Revision Case filed under Section 397 and 401 Cr.P.C., to set aside the conviction order, dated 08.06.2018 made in S.T.C.No.42 of 2014, on the file of the Fast Track Judicial Magistrate, Thiruthuraipoondi and the same being confirmed by the judgment, dated 07.09.2021 in Criminal Appeal No.33 of 2018, on the file of Fast Track Mahila Court, Tiruvarur sentencing the https://www.mhc.tn.gov.in/judis

Crl.R.C.No.528 of 2022 and Crl.M.P.No.5693 of 2022

petitioner/accused to undergo one year Simple Imprisonment and direct to pay the cheque amount of Rs.4,00,000/- (Rupees Four Lakhs only) as compensation under Section 357(3) of Code of Criminal Procedure within one month of date of the order failing which to undergo two months Simple Imprisonment by allowing this Criminal Revision Petition.

Prayer in Crl.M.P.No.5693 of 2022: Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., to compound the offence in S.T.C.No.42 of 2014 on the file of the Fast Track Judicial Magistrate, Thiruthuraipoondi, dated 08.06.2018 which was confirmed by the learned Fast Track Mahila Court, Tiruvarur in Crl.A.No.33 of 2018 by an order, dated 07.09.2021 based on the Compromise Affidavit filed by the petitioner/respondent/respondent/complainant which is filed along with this petition.

For Petitioner in Crl.R.C.No.582 of 2022 Respondent in Crl.M.P.No.5693 of 2022 : Mr.Swamisubramanian

For Respondent in Crl.R.C.No.582 of 2022 Petitioner in Crl.M.P.No.5693 of 2022 : Mr.M.P.Yuvaraj

COMMON ORDER In Crl.M.P.No.5693 of 2022:

Today, when the matter came up for hearing, it is submitted already

a petition has been filed in Crl.M.P.No.5693 of 2022, in which, a

compromise affidavit also has been filed by the respondent/complainant,

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.528 of 2022 and Crl.M.P.No.5693 of 2022

whereunder, it is mentioned that the amount is settled and the complainant

has accepted the same as full quit and compromise and prays that the

offence can be compounded.

2. In view of the averments made in the affidavit, Crl.M.P.No.5693

of 2022 is allowed.

In Crl.R.C.No.582 of 2022:

3. Consequently, the Crl.R.C.No.582 of 2022 is allowed on the

following terms:-

(I) The conviction and the sentence made against the petitioner, by

the judgment of the learned Fast Track Judicial Magistrate,

Thiruthuraipoondi, dated 08.06.2018 in S.T.C.No.42 of 2014, as confirmed

by the Fast Track Mahila Court, Tiruvarur, dated 07.09.2021 in

Crl.A.No.33 of 2018 is set aside.

(ii) The offence is treated as compounded.

20.06.2022 Index : yes/no Speaking/Non-speaking order grs

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.528 of 2022 and Crl.M.P.No.5693 of 2022

To

1. The Fast Track Mahila Court, Tiruvarur.

2. The Fast Track Judicial Magistrate, Thiruthuraipoondi.

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.528 of 2022 and Crl.M.P.No.5693 of 2022

D.BHARATHA CHAKRAVARTHY, J.,

grs

Crl.R.C.No.528 of 2022 and Crl.M.P.No.5693 of 2022

20.06.2022

https://www.mhc.tn.gov.in/judis