M.Mariappan vs The State Rep.By
2023 Latest Caselaw 8802 Mad

                                                                        Crl.O.P.(MD)No.12202 of 2023



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 21.07.2023

                                                     CORAM:

                                  THE HONOURABLE DR.JUSTICE D.NAGARJUN

                                          Crl.O.P.(MD) No.12202 of 2023

                     M.Mariappan                                               ... Petitioner
                                                          Vs.


                     1.The State rep.by
                       The Sub-Inspector of Police,
                       All Women Police Station (Rural)
                       Palayamkottai, Tirunelveli.
                       Crime No.3 of 2017.

                     2.M.Malathi                                             ..Respondents

                     PRAYER : Criminal Original Petition is filed under Section 482 of
                     Cr.P.C, to set aside the impugned judgment of conviction and sentence
                     passed in C.C.No.7 of 2018 by the Judicial Magistrate, Additional
                     Mahila Court, Tirunelveli dated 12.02.2021.


                                   For Petitioner    : Mr.D.Saravanan

                                   For Respondents   : Mr.S.S.Madhavan
                                                       Government Advocate (Crl.Side)
                                                       for R1
                                                       No-appearance for R2




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                                                                                 Crl.O.P.(MD)No.12202 of 2023




                                                           ORDER

This Criminal Original Petition is filed seeking for setting aside

the impugned judgment of the conviction and sentence passed in

C.C.No.7 of 2018 by the learned Judicial Magistrate, Additional Mahila

Court, Tirunelveli on 12.02.2021.

2. It is submitted by the learned counsel appearing for the

petitioner that the learned Judicial Magistrate has found the petitioner

guilty of offence under Section 498(A) of IPC, subsequently, the defacto

complainant and the petitioner have settled the matter amicably and

therefore, he sought for recording the compromise.

3. The learned Government Advocate (criminal side) appearing for

the first respondent has strongly objected for setting aside the judgment

and also brought to the notice of this Court that aggrieved by the

judgment dated 12.02.2021, the petitioner has preferred a

Crl.A.No.19 of 2021 which was pending initially on the file of the

Principal District and Sessions Court, Tirunelveli and transferred to the

III Additional District and Sessions Court.

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

Crl.O.P.(MD)No.12202 of 2023

4. Once the petitioner has preferred an appeal challenging the

conviction and sentence imposed against him in C.C.No.7 of 2018, he

should not have filed the present petition seeking for the same relief. The

Registry should not have permitted this case to be registered.

5. Accordingly, this Criminal Original Petition is dismissed.

6. However, it is reported by the learned counsel appearing for the

petitioner that the Appellate Court is not entertaining the petition for

recording the compromise. The learned Session Judge is directed to

consider the application and dispose of the same on merits after hearing

all the parties concerned under the law.

Index : Yes/No 21.07.2023 Internet : Yes/No ssb

To

1.The Sub-Inspector of Police, All Women Police Station (Rural) Palayamkottai, Tirunelveli.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

Crl.O.P.(MD)No.12202 of 2023

DR.D.NAGARJUN. J.

ssb

Crl.O.P.(MD)No.12202 of 2023

21.07.2023

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