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Madras High CourtCRL A/1282/2023allowed

Annadurai @ Chandrasekaran v. State Rep By

2026-02-13Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN CRL A No. 1282 of 2023

1. Annadurai @ Chandrasekaran S/o.Kasinathan, East Ramapuram, Cuddalore Taluk, Cuddaloare District 2.Vinayagamoorthy S/o.Gopal East Ramapuram, Cuddalore Taluk, Cuddalore District 3.Settu S/o.Kuppusamy, Ramapuram, Cuddalaore Taluk, Cuddalore District Appellant(s) Vs State Rep By Inspector of Police Thiruppapuliyur Police Station, Cuddalore District Cr.No.311/2009 Respondent(s) PRAYER Criminal Appeal filed under Section 374(2) of Cr.P.C., praying to call for the records made in S.C.No.109 of 2017 judgment dated 31.10.2023 on the file of First Additional District Session Court, Cuddalore and set aside the same. For Appellant(s):

Mr.R.Sankarasubbu For Respondent(s):

Mr.S.Raja Kumar, Additional Public Prosecutor 1 / 4

JUDGMENT

This Criminal Appeal has been filed challenging the judgment of conviction and sentence passed by the learned I Additional District and Session Court, Cuddalore, in S.C.No.109 of 2017 dated 31.10.2023.

2. The appellants/Accused in S.C.No.109 of 2017 was convicted by the Trial Court by judgment dated 31.10.2023, for the following offence: Rank of the accused Conviction under Sections Sentence awarded A1, A2 and A4 147 IPC To undergo 6 months SI, and to pay a fine of Rs.3,000/- each (id) to undergo 8 weeks SI.

A1, A2 and A4 447 IPC To undergo 3 months SI A1 323 IPC To undergo 6 months SI, and to pay a fine of Rs.1,000/- (id) to undergo 4 weeks SI.

3. Aggrieved by the same, the appellants have preferred the above criminal appeal.

4. The case of the prosecution is that, due to previous enmity, on 14.05.2009 at about 4.45 p.m., the appellants had trespassed into the lands belonging to the victim and abused and attacked the de facto complainant and the other victims with hands and thereby committed the aforesaid offences. 2 / 4

5. During the pendency of the appeal, the parties entered into a compromise. The de facto complainant and the other victims filed an affidavit stating that the issue among themselves has been settled, as they all belong to the same village, and that, in order to maintain peace and harmony, the case may be closed.

6. Mr.Arumugam, the de facto complainant (Aadhar No.4009 7580 5278), Mr.S.Manivannan, victim-1 (Aadhar No.2725 0011 8979), Mr.Sekar Kanthasamy, victim-2 (Aadhar No.5623 9835 0092), Mr.Jayakumar Ramalingam, victim-3 (Aadhar No.5585 2407 9392) are present and confirm the compromise. The Memo of Compromise filed by the parties is taken on record.

7. Considering the fact that the appellants and the victims belong to the same village, the nature of the allegations, and the evidence available against the appellants, this Court is inclined to accept the compromise. Accordingly, the Compromise Memo, duly signed by the learned counsel appearing for the appellants, the appellants and the de facto complainant, shall form part and parcel of this order.

3 / 4

SUNDER MOHAN J.

8. Accordingly, this Criminal Appeal stands allowed. (i) The conviction of the appellants for the offence under Sections 147, 447 and 323 of the IPC by the learned I Additional District and Session Court, Cuddalore, vide judgment dated 31.10.2023 made in S.C.No.109 of 2017, is hereby set aside.

(ii) The appellants are acquitted of the said charges. (iii) The fine amount, if any paid by the appellants shall be refunded. (iv) The bail bonds, if any, executed by the appellants shall stand cancelled.

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