Madras High Court
Ganapathy Nadar vs State: Inspector Of Police on 12 June, 2025
Crl.R.C.(MD)No.1040 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.R.C.(MD)No.1040 of 2024
and
Crl.M.P.(MD)No.5609 of 2025
1.Ganapathy Nadar
2.Suresh ... Petitioners
-vs-
1.State: Inspector of Police,
Vickramasingapuram Police Station,
Crime No.58 of 2016.
2.Sekar ... Respondents
PRAYER : Criminal Review Case filed under 438 r/w. 442 of BNSS, 2023,
to call for the records pertaining to the judgment in C.A.No.148 of 2023 on
the file of the learned I Additional District Sessions Judge, Tirunelveli,
dated 30.09.2024, confirming the conviction and sentence imposed by the
judgment dated 12.09.2023 in S.C.No.571 of 2017 on the file of the learned
Assistant Sessions Judge, Ambasamudram and set aside the same and
acquit the accused.
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Crl.R.C.(MD)No.1040 of 2024
For Petitioner : Mr.N.Vignesh
For 1st Respondent : Mr.M.Sakthi Kumar,
Government Advocate (Crl.)
ORDER
This Criminal Revision Case has been filed, assailing the judgment in
C.A.No.148 of 2023 on the file of the learned I Additional District Sessions
Judge, Tirunelveli, dated 30.09.2024, confirming the conviction and
sentence imposed by the judgment dated 12.09.2023 in S.C.No.571 of
2017 on the file of the learned Assistant Sessions Judge, Ambasamudram
and acquit the accused.
2.The case of the prosecution is as follows:-
(i)P.W.1 resides at Erumalpuram. P.W.2 is his brother and his wife is
P.W.4. P.W.5 is P.W.2's wife. P.W.1 and P.W.2's sister is P.W.3. On
07.03.2016 at about 04.30 p.m., P.W.1 to P.W.3 were talking infront of
P.W.1's house. At that time, A1 to A6 came there and raised objections that
how could they purchase A1's brother's house. By saying this, both A1 and
A2 by aiming the head of P.W.1 tried to attack with sickle. When he
prevented the said blow he sustained injury on his right wrist. At that time,
A2 also attacked him with sickle, he sustained injury on his left hand.
When P.W.2 and P.W.3 raised alarm and interfered both A1 and A2
attacked P.W.2 and thereby inflicted injuries on his head and left hand.
While so, both accused assaulted P.W.3 and A2 attacked her and thereby,
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inflicted injury on her head. The other accused persons also attacked them
with sticks.
(ii)P.W.4 and P.W.5 have seen this incident. Immediately they were
admitted in Government Hospital, Ambasamudram where P.W.1 lodged
Ex.P1 complaint before P.W.14 the then Sub Inspector of Police, thereafter,
they were referred to Medical College Hospital for further treatment.
3.On the same day, FIR in Crime No.58 of 2016 came to be
registered by the respondent Police under Sections 147, 148, 294(b), 323,
324, 307, 506(ii) of IPC. The learned Trial Court convicted the petitioners
on 12.09.2023, for the offence under Section 324 and 326 of IPC and
sentenced them to pay a fine of Rs.5,000/- each, in default to undergo
simple imprisonment for three months under Section 324 of IPC and
sentenced them to undergo rigorous imprisonment for one year and to pay
a fine of Rs.1,000/- each, in default to undergo simple imprisonment for
two months under Section 326 of IPC, on the file of the learned Assistant
Sessions Judge, Ambasamudram.
4.The learned I Additional District Sessions Judge, Tirunelveli,
confirmed the conviction, and confirmed the sentence and dismissed the
Criminal Appeal No.148 of 2023, dated 30.09.2024. Challenging the same,
the present Criminal Revision Case has been filed before this Court.
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5.The learned counsel appearing for the petitioners submitted that
the petitioners have already paid the fine amount and they have undergone
incarceration for the period from 08.3.2016 to 13.04.2016, i.e., for the
period of 35 days. The defacto complainant one Sekar, who was examined
as P.W.1 and the maternal uncle of his wife, who was the victim/injured,
namely, Annadurai, who was examined as P.W.2 have appeared before this
Court in person and both of them have entered into compromise with the
petitioners herein. The petitioners and the defacto complainant had
entered into compromise and filed a joint compromise memo to compound
the offence. The scanned copy of the joint compromise memo is as follows:-
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6.The learned Government Advocate (Crl.) also confirms the fact that
the compromise have been entered into between the parties.
7.The Hon'ble Supreme Court in Ramgopal and another v. State
of Madhya Pradesh1, had held that this Court, in exercise of inherent
powers, can accept the compromise, even in the case of non-compoundable
offences, if the parties have entered into a compromise and the dispute is
private in nature.
8.Though the petitioners are the accused of the offence under
Sections 324 and 326 of IPC, the dispute is private in nature. Hence, this
Court is inclined to accept the compromise and set aside the order of
conviction and sentence imposed by the Courts below.
9.Accordingly, the Joint Compromise Memo dated 06.03.2020, is
taken on file. The Criminal Revision case is allowed in terms of the Joint
Compromise Memo dated 06.03.2020. The conviction and sentence
imposed upon the petitioner vide judgment dated 30.09.2024, in C.A.No.
148 of 2023 on the file of the learned I Additional District Sessions Judge,
Tirunelveli, confirming the conviction and sentence imposed by the
judgment dated 12.09.2023 in S.C.No.571 of 2017 on the file of the learned
1 (2022) 14 SCC 531
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Assistant Sessions Judge, Ambasamudram, is set aside and the petitioners
are acquitted of the offences under Sections 324 and 326 of IPC. No Costs.
Consequently, connected miscellaneous petition is closed.
12.06.2025
NCC :Yes/No
Index :Yes/No
Internet : Yes
Mrn
To
1.The I Additional District Sessions Judge, Tirunelveli.
2.The Assistant Sessions Judge, Ambasamudram.
3.The Inspector of Police,
Vickramasingapuram Police Station.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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L.VICTORIA GOWRI, J.
Mrn
12.06.2025
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