Velusamy vs Muthusamy
2023 Latest Caselaw 154 Mad

Citation : 2023 Latest Caselaw 154 Mad
Judgement Date : 3 January, 2023

Madras High Court

Velusamy vs Muthusamy on 3 January, 2023

                                                                                     Crl.R.C.No.1459 of 2016


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 03.01.2023

                                                           CORAM

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                  Crl.R.C.No.1459 of 2016

                     Velusamy                                                     ... Petitioner

                                                             Vs.

                     Muthusamy                                                    ... Respondent

                     Prayer: Criminal Revision Case is filed under Section 397 and 401 of
                     Cr.P.C., to allow the revision and set aside the conviction and sentence
                     passed by the Judicial Magistrate (Fast Track Court) Tiruppur in C.C.No.75
                     of 2012 by judgment dated 23.09.2015 as confirmed by the I Additional
                     District and Sessions Court, Tiruppur in C.A.No.97 of 2015 dated
                     21.10.2016.


                                     For Petitioner      : Mr.J.Franklin

                                     For Respondent      : Mr.J.Kingsly Solomon




                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                       Crl.R.C.No.1459 of 2016




                                                           ORDER

This Criminal Revision Case is filed to set aside the conviction and

sentence passed by the Judicial Magistrate (Fast Track Court) Tiruppur in

C.C.No.75 of 2012 by judgment dated 23.09.2015 as confirmed by the I

Additional District and Sessions Court, Tiruppur in C.A.No.97 of 2015

dated 21.10.2016.

2. Today, the learned counsel for the petitioner and respondent

are present. It is seen from the joint memo filed on behalf of the petitioner

and respondent/complainant before this Court, which is extracted hereunder:

1. The Petitioner had preferred this Criminal Revision before this Hon'ble Court as against the Judgment that passed by the Hon'ble Judicial Magistrate (FTC) Tiruppur in C.C.No.75/2015 and confirmed by the Hon'ble District Judge, Tiruppur in C.A.No.97 of 2015.

2. In this circumstances both the Petitioner and the Respondent had been amicably settled the above said matter between them. As per the

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1459 of 2016

settlement the Respondent and the petitioner agreed to settle the above said matter for total sum of Rs.5,00,000/- (Rupees Five Lakhs only) as FULL AND FINAL SETTLEMENT.

3. The Respondent / Complainant had received a sum of Rs.5,00,000/- by way of Demand Draft bearing No.329156 drawn on The Federal Bank Ltd., Tiruppur dated 11.10.2022 towards FULL AND FINAL SETTLEMENT from the Petitioner / Accused. Further the Respondent hereby “Not press” the Compensation if any that awarded by the Hon'ble Trial Court.”

3. In view of the settlement between the parties, this Court

records the joint compromise memo and quash C.C.No.75 of 2012 on the

file of Judicial Magistrate (Fast Track Court) Tiruppur and C.A.No.97 of

2015 on the file of I Additional District and Sessions Court, Tiruppur.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1459 of 2016

M.NIRMAL KUMAR,J.

4. In the result, the case against the petitioner is compounded,

setting aside the conviction and sentence passed in C.C.No.75 of 2012

confirmed in C.A.No.97 of 2015, in corollary the petitioner is acquitted of

all charges.

03.01.2023 Index : Yes/No Speaking / Non-speaking AT

1.The I Additional District and Sessions Court, Tiruppur.