Muthukumar v. The State Of Tamilnadu

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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For Petitioner : Mr.R.J.Karthick For R-1 : Mr.P.Kottaichamy Government Advocate For R-2 : Ms.M.Ulagammal

O R D E R

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 2/7

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 3/7

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 2nd respondent 4/7

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 5/7

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 7/7