Velusamy, M/A-60 Years v. Muthusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2023

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR 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

O R D E R

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 2/4

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. 3/4

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 To 1.The I Additional District and Sessions Court, Tiruppur. 2.The Judicial Magistrate (Fast Track Court) Tiruppur. 4/4