Madras High Court
Ganesh Kanna @ Kulanthaiyan vs The State By Inspector Of Police on 6 December, 2023
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Criminal Revision Case No.2067 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Criminal Revision Case No.2067 of 2023
1.Ganesh Kanna @ Kulanthaiyan
S/o.Thiruvambalam
2.Thiruvambalam
S/o.Kulanthiayan
3.Thamaraiselvi
W/o.Thiruvambalam
4.Velraj
S/o.Thiruvambalam
5.Singaravalli
D/o.Thiruvambalam ... Petitioners
Vs.
1.The State by Inspector of Police,
All Women Police Station (Central),
Coimbatore.
Crime No.40/2012
2.Hema
W/o.Ganesh Kannan @ Kulanthiyan ... Respondents
Criminal Revision Case filed u/s.397 r/w 401 of the Code of Criminal
1/6
https://www.mhc.tn.gov.in/judis
Criminal Revision Case No.2067 of 2023
Procedure praying to call for the records and set aside the order dated
12.06.2023 made in C.M.P.No.1086 of 2023 in Crl.A.No.86 of 2018 on the
file of I Additional District and Sessions Court, Coimbatore.
For Petitioner : Mr.R.Prabakar
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor [R1]
*****
ORDER
This revision has been filed challenging the order passed by I
Additional District and Sessions Court, Coimbatore, in C.M.P.No.1086 of
2023 in Crl.A.No.86 of 2018, dated 12.06.2023.
2. This Court, on 27.11.2023, passed the following the order in
Crl.M.P.No.18614 of 2023 in Crl.R.C.Sr.No.51554 of 2023:
"This petition is filed to condone the delay of 20 days in filing
the above revision.
2. Heard the learned Counsel for petitioners.
3. The petitioners were tried and convicted by the learned
Judicial Magistrate/Additional Mahila Court, Coimbatore in
C.C.No.107 of 2013 by judgment dated 09.02.2018 for offence
under Sections 498(A) r/w 34 of IPC and sentenced to undergo one
year rigorous imprisonment and to pay a fine of Rs.1,000/-.
Aggrieved against the conviction, the petitioners preferred an appeal
https://www.mhc.tn.gov.in/judis
Criminal Revision Case No.2067 of 2023
in C.A.No.86 of 2018. During the pendency of the appeal, the
petitioners and the second respondent arrived at a compromise.
Hence, they filed a petition under Section 320 Cr.P.C. in
C.M.P.No.1086 of 2023 before the learned I Additional District and
Sessions Judge with compromise memo. The learned Sessions Judge,
by an order dated 12.06.2023 dismissed the petition filed by the
petitioners and second respondent to compound the offence of section
498-A IPC. The learned Sessions Judge observed that the issue
between the first petitioner and the second respondent/de-facto
complainant got resolved and they are living as husband and wife in
one roof. Section 498(A) IPC does not find place under Section 320
Cr.P.C. and hence, the petition is not maintainable, though the
learned Additional Public Prosecutor has no objection in
compounding the offence and dismissed the petition. Against which,
the present revision has been filed.
4. Mr.A.Damodaran, learned Additional Public Prosecutor
has got no objection in allowing this petition.
5. In view of the above fact, the delay stands condoned and the
petition is ordered.
6. The learned counsel for the petitioners submits that since
the petitioners and the second respondent are from Coimbatore, they
may be permitted to appear through video conferencing to confirm
the compromise.
3. Pursuant thereto, today, first petitioner and second respondent/de
facto complainant appeared through video conferencing from All Women
Police Station, Central Coimbatore. Ms.M.Vaduvukarasi, Inspector of
Police, All Women Police Station, Central Coimbatore, also appeared
through video conferencing.
https://www.mhc.tn.gov.in/judis
Criminal Revision Case No.2067 of 2023
4. Both first petitioner and second respondent/de facto complainant
submitted that the dispute stands settled between them and they are living as
husband and wife for the past 1½ years at 5/2, EB Colony, Vadavalli,
Coimbatore - 641 041.
5. Learned Additional Public Prosecutor submitted that the Inspector
of Police, All Women Police Station, Central Coimbatore, visited the
aforesaid residence, made enquiry and found that petitioner and second
respondent are living happily as husband and wife.
6. The Court below though recorded the compromise arrived at
between the parties, dismissed the petition filed to compound the offence on
the ground that as per Section 320 Cr.P.C., the offence u/s.498-A IPC is not
compoundable even with permission of the Court.
7. A Joint Affidavit/Memorandum of Compromise dated 02.10.2023
has been filed before this Court. Given the position that the dispute between
the parties stands settled, the proceedings in C.C.No.107 of 2013 on the file
https://www.mhc.tn.gov.in/judis
Criminal Revision Case No.2067 of 2023
of Judicial Magistrate/Additional Mahila Court, Coimbatore and the
proceedings in C.A.No.86 of 2018 on the file of I Additional District and
Sessions Judge, Coimbatore, will be a hurdle for their peaceful life and to
lead their life without any worrisome, this Court considers it appropriate to
exercise powers u/s.482 Cr.P.C and real justice to the parties can be done
only by quashing all further proceedings in the above cases, so that they
shall lead a peaceful, harmonious matrimonial life.
Recording the Joint Affidavit/Memorandum of Compromise dated
02.10.2023, this Criminal Revision Case is allowed and the case in Crime
No.40 of 2012 on the file of first respondent is quashed, consequently, the
judgment in C.C.No.107 of 2013, dated 09.02.2018, on the file of Judicial
Magistrate/Additional Mahila Court, Coimbatore and the order in
C.M.P.No.1086 of 2023 in Crl.A.No.86 of 2018, dated 12.06.2023, on the
M.NIRMAL KUMAR, J
gm
file of District and Sessions Court, Coimbatore, are hereby set aside. The
https://www.mhc.tn.gov.in/judis
Criminal Revision Case No.2067 of 2023
petitioners are acquitted of all charges.
06.12.2023
Index: yes/no
Speaking Order/Non-speaking order
Neutral Citation : yes/no
gm
Criminal Revision Case No.2067 of 2023
https://www.mhc.tn.gov.in/judis
