Madras High CourtCRL RC/654/2019dismissed as settled out of court

Pangajavalli v. Muruganantham

2023-08-31Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM:

The Honourable MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Pangajavalli

...Petitioner/Appellant/

Accused -VsMuruganantham

...Respondent/Respondent/

Complainant Prayer:- Criminal Revision Case filed under Section 397 read with 401 of Cr.P.C, to set aside the conviction imposed in the judgment dated 26.09.2018 made in C.A.No.40 of 2017 on the file of the learned I Additional District and Sessions Judge, Coimbatore, modifying the judgment dated 04.02.2017 made in S.T.C.No.297 of 2016 on the file of the learned Judicial Magistrate No.II, Pollachi. For Petitioner : Mr.D.Arun Kumar For Respondent : Mr.N.Ponraj 1/4

O R D E R

This Criminal Revision Case had been filed to set aside the conviction imposed in the judgment dated 26.09.2018 made in C.A.No.40 of 2017 on the file of the learned I Additional District and Sessions Judge, Coimbatore, modifying the judgment dated 04.02.2017 made in S.T.C.No.297 of 2016 on the file of the learned Judicial Magistrate No.II, Pollachi.

2. During the pendency of this Criminal Revision Case, the Revision Petitioner and the Respondent had arrived at a compromise and executed a Joint Memo of Compromise dated 31.08.2023.

3. As per the Joint Memo of Compromise dated 31.08.2023, the terms and conditions of the Joint Memo of Compromise are as follows:

1. The Petitioner agrees to withdraw the cheque amount of Rs.4,00,000/- deposited before the learned Judicial Magistrate No.II, Fast Track Court, Pollachi by the Respondent.

2. In lieu of the 1st condition, the Respondent hereby agrees to set aside the conviction of three months imposed by the Trial Court and confirmed by the Appellate Court by allowing the present Criminal Revision Petition in Crl.R.C.No.654 of 2019.

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4. As per the order of this Court, already the Revision Petitioner/Accused had deposited Rs.4 lakhs to the credit of S.T.C.No.297 of 2016 on the file of the learned Judicial Magistrate No.II, Fast Track Court, Pollachi.

5. The learned Counsel for the Petitioner as well as the learned Counsel for the Respondent produced before this Court a Joint Memo of Compromise dated 31.08.2023 signed by the parties in presence of their respective Counsels and the Memo signed by the Counsels shall form part of records. It is stated that the parties have agreed to get a disposal in terms of the said Compromise Memo.

6. In the result, the Criminal Revision Case stands dismissed as settled out of Court. The learned Judicial Magistrate No.II, Fast Track Court, Pollachi, is directed to permit the Complainant to withdraw the amount. In the light of the joint memo of compromise, the judgment of sentence of imprisonment imposed by the Trial Court is set aside. 31.08.2023 cda 3/4

SATHI KUMAR SUKUMARA KURUP, J., cda To 1.The Judicial Magistrate No.II, Fast Track Court, Pollachi.

2.The Section Officer, VR Records, High Court, Chennai.

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