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Madras High CourtCRL A(MD)/642/2022disposed of

Sunilkumar v. The Deputy Superintendent Of Police

2022-11-29Honourable Mr Justice G.Ilangovan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 29/11/2022

CORAM

The Hon'ble Mr.Justice G.ILANGOVAN Crl.A(MD)Nos.642 and 702 of 2022 (1)Crl.A(MD)No.642 of 2022:- 1.Sunilkumar 2.Veerakumar : Appellants/A1 and A2 Vs.

1.State represented by The Deputy Superintendent of Police, Thiruvarur Sub Division, Thiruvarur District.

(Koradacherry Police Station Crime No.90 of 2018) : R1/Complainant 2.Akilan : R2/PW1/De-facto Complainant 3.Sivasangar : R3/PW2/Victim Prayer:- This Criminal Appeal has been filed under section 374 of the Criminal Procedure Code to call for the records and set aside the judgment passed by the I Additional District and Sessions Judge, Thanjavur in SSC No.101 of 2018, dated 08/10/2022 and acquit the appellants

For Appellants : Mr.M.Aarumugam For 1st Respondent : Mr.RMS.Sethuraman Additional Public Prosecutor For R2 and R3 : Mr.A.Murali Kumar (2)Crl.A(MD)No.702 of 2022:- 1.Sathishkumar 2.Kalaiyarasan 3.Karthick : Appellants/A3 to A5 Vs.

1.State represented by The Deputy Superintendent of Police, Thiruvarur Sub Division, Thiruvarur District.

(Koradacherry Police Station Crime No.90 of 2018) : R1/Complainant 2.Akilan : R2/PW1/De-facto Complainant 3.Sivasangar : R3/PW2/Victim (R3 impeaded as per the order of this court, dated 14/11/2022 made in Crl.MP(MD)No.13591 of 2022 in Crl.A(MD)No.702 of 2022) Prayer:- This Criminal Appeal has been filed under section 374 of the Criminal Procedure Code to call for the records and set aside the judgment passed by the I Additional District and Sessions Judge, (PCR), Thanjavur in SSC No.101 of 2018, dated 08/10/2022 and acquit the appellants.

For Appellants : Mr.T.Muthukrishnan For 1st Respondent : Mr.RMS.Sethuraman Additional Public Prosecutor For 2nd Respondent : Mr.A.Murali Kumar COMMON JUDGMENT These Criminal Appeals have been filed seeking to set aside the judgment, dated 06/10/2022 in SSC No.101 of 2018 by the I Additional District and Sessions Judge, (PCR), Thanjavur and acquit the appellants.

2.The learned counsel appearing for the petitioner submitted that the appellants have been convicted by the I Additional District and Sessions Judge, (PCR), Thanjavur, for the alleged offences under sections 147 IPC r/w section 3(2)(va) of SC/ST (PoA) Act and section 3(1)(r) of SC/ST (PoA)P Act and section 506(ii) IPC r/w section 3(2)(va) of SC/ST (PoA) Act and sentenced to undergo simple imprisonment for a period of 1 year and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for a period of five weeks for the offence under section 147 IPC r/w 3(2)(va) of SC/ST (PoA) Act and sentenced to undergo simple imprisonment for a period of 1 year and to pay a fine of Rs.5,000/- in default to

undergo simple imprisonment for a period of 5 weeks for the offence under section 506(ii) IPC r/w 3(2)(va) of SC/ST (PoA) Act, in SSC No.101 of 2018.

3.Challenging the above said sentence and conviction, the appellants preferred these appeals. 4.Pending appeals, there was a compromise between the parties, by which the entire issue was settled. Even though the offences alleged are non compoundable in nature and the injuries suffered by the de-facto complainant are grievous in nature, it appears that a compromise has been reached between the parties and no useful purpose is going to be served in keeping the appeals pending. Now the compensation amount received by PW1 and PW2 has also been remitted to the Government Account.

5.In view of the above said compromise and compliance, the judgment of conviction and sentence passed by the trial court are hereby set aside and the appellants are acquitted of the charges levelled against them. The compromise memo shall form part and parcel of

the this order. The fine amount, if any paid shall be refunded to the appellants. Accordingly these criminal appeals stand allowed.

29/11/2022 Index:Yes/No Internet:Yes/No er To, 1.The I Additional District and Sessions Judge, Thanjavur 2.The Deputy Superintendent of Police, Thiruvarur Sub Division, Thiruvarur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.ILANGOVAN,J er Crl.A(MD)Nos.642 and 702 of 2022 29/11/2022