[Cites 5, Cited by 0]
Madras High Court
Muthukumar vs The Sate Of Tamil Nadu on 19 February, 2026
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
Crl.R.C(MD)No.383 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.02.2026
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
CRL.R.C.(MD)No.383 of 2025
Muthukumar ... Petitioner
vs.
1.The Sate of Tamil Nadu,
Represented by,
The Sub-Inspector of Police,
Seethaparpanallur Police Station,
Tenkasi District.
Crime No.34 of 2016.
2.Valli ... Respondents
(R-2 is impleaded as per order of this Court dated 07.01.2026 in
Crl.MP(MD)No.20250 of 2025 in Crl.RC(MD)No.383 of 2025)
PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442
of BNSS, 2023, to call for the records and to set aside the judgment in
Crl.A.No.17 of 2021, dated 29.01.2025 on the file of Additional District
and Sessions Judge, Tenkasi, confirming the judgment in C.C.No.1 of
2017 tried by Judicial Magistrate Court, Alangulam, dated 27.01.2021
and acquit the Petitioner.
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Crl.R.C(MD)No.383 of 2025
For Petitioner : Mr.R.J.Karthick
For R-1 : Mr.P.Kottaichamy
Government Advocate
For R-2 : Ms.M.Ulagammal
ORDER
Heard Mr.R.J.Karthick learned Counsel for Revision Petitioner,
Mr.P.Kottaichamy, learned Government Advocate for 1st Respondent and
Ms.M.Ulagammal, learned Counsel for 2nd Respondent.
2. This Criminal Revision Case has been filed challenging the
order dated 29.01.2025 passed by Additional District and Sessions
Judge, Tenkasi in Crl.A.No.17 of 2021, confirming the judgment passed
by Judicial Magistrate Court, Alangulam in C.C.No.1 of 2017, dated
27.01.2021.
3. Mr.R.J.Karthick learned Counsel for Revision Petitioner would
submit that Petitioner was convicted by Judicial Magistrate Court,
Alangulam in C.C.No.1 of 2017, dated 27.01.2021 for offence under
Sections 323, 324 IPC and Section 4 of TNPHW Act and sentenced to
undergo Simple Imprisonment for three months for offence under
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Section 323 IPC; to undergo Simple Imprisonment for one year for
offence under Section 324 IPC and to undergo Simple Imprisonment for
one year and to pay a fine of Rs.10,000/- in default, to undergo Simple
Imprisonment for two months for offence under Section 4 of TNPHW
Act.
3.1.Aggrieved, Petitioner filed criminal appeal in Crl.A.No.17 of
2021 before Additional District and Sessions Judge, Tenkasi and the
lower Appellate Court, by the judgment dated 29.01.2025 partly allowed
the appeal and modified the judgment passed by Trial Court. Relevant
portion of the order is extracted hereunder:
23) In the result,
(i) This Appeal is partly allowed.
(ii) The findings and conviction of the Appellant/Accused
for the offence punishable under Section 323, 324 IPC and
Section 4 of T.N.P.H.W Act and the acquittal of the
Appellant/Accused from the charges u/s 294(b), 506(2) IPC
by the learned Judicial Magistrate, Alangulam in
C.C.No.1/2017 dated 27.01.2021 is hereby affirmed.
(iii) The quantum of sentence imposed by the Trial Court
alone is hereby modified.
(iv) The Appellant/accused is convicted and sentenced to
undergo S.I. for one week for the offence u/s 323 IPC and
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convicted and sentenced to undergo S.I for three weeks for
the offence u/s 324 IPC and convicted and sentenced to
undergo R.I for three months for the offence u/s 4 of
T.N.P.H.W. Act. The sentence shall run concurrently.
(v) The fine amount of Rs.10,000/- imposed by the Trial
Court for the offence u/s 4 of T.N.P.H.W. Act and in default
to undergo S.I for two months is hereby confirmed. (Fine
amount paid already in Trial Court)
4. It is submitted by the learned Counsel for both parties that the
issues raised between the Petitioner and 2nd Respondent have been
resolved. A Joint Compromise Memo has been filed to that effect,
wherein it has been stated that 2nd Respondent has agreed to withdraw the
complaint against Petitioner. Learned Counsel, on instructions from 2nd
Respondent, also submits that 2nd Respondent has no objection to the
Criminal Revision Case being allowed. The Joint Compromise Memo
reads as follows:
Joint Compromise Memo filed by Petitioner & 2nd
Respondent
1. Both the parties submits that now the entire
dispute between the petitioner and the 2nd respondent
herein is settled the issue between them and compromised
with the intervention of villagers. Since the parties are
relatives and decided to put quietus. The 2 nd respondent
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agreed to withdraw the complaint given against the
petitioner. Hence, the compromise memo may be
recorded and Criminal Revision Petition may be allowed.
It is therefore prayed that this Hon'ble Court may
be pleased to record the above Joint Compromise memo
filed by the Petitioner and the 2nd respondent herein and
pass any further or other orders as this Hon'ble Court
may deem fit and proper in the circumstances of the case
and thus render justice.
5. In view of the Joint Compromise Memo, orders passed by
Additional District and Sessions Judge, Tenkasi in Crl.A.No.17 of 2021,
dated 29.01.2025 and Judicial Magistrate Court, Alangulam, in C.C.No.1
of 2017 dated 27.01.2021, are set aside. Consequently, the Petitioner is
acquitted.
6. This Criminal Revision Case stands disposed of in terms of the
above Joint Compromise Memo, which shall form part and parcel of the
order.
Index :Yes / No 19.02.2026
Internet :Yes / No
NCC :Yes / No
Nsr
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To:
1.The Additional District and Sessions Judge, Tenkasi.
2.The Judicial Magistrate, Alangulam.
3.The Sub-Inspector of Police,
Seethaparpanallur Police Station,
Tenkasi District.
Crime No.34 of 2016.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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MOHAMMED SHAFFIQ, J.
Nsr
Order made in
19.02.2026
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