Madras High CourtCRL RC(MD)/1066/2023disposed of

V.Raja v. The Inspector Of Police

2026-02-24Honourable Mr Justice Mohammed Shaffiq8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2026

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ CRL.R.C.(MD)No.1066 of 2023 V.Raja ... Petitioner vs.

1. The Inspector of Police Seedhaparpanallur Police Station Tenkasi District.

(Crime no.70/2016)

2. Saraswathi W/o.Maniraj ... Respondents PRAYER: Criminal Revision Petition is filed under Section 397 r/w.401 of Cr.P.C., to call for the records in Crl.M.P.No.273/2021 in Crl.A. 36/2021 dated 07.08.2023 on the file of the Learned Additional District and Sessions Court(FTC), Tenkasi, Tenkasi District and set-aside the same and pass order or orders.

For Petitioner : Mr.K.A.Raama Krishnan For R-1 : Mr.M.Karunanithi Government Advocate For R-2 : Mr.Ranjithraja 1/8

O R D E R

Heard Mr.K.A.Raama Krishnan, learned Counsel for Revision Petitioner, Mr.M.Karunanithi, learned Government Advocate for 1st Respondent and Mr.Ranjithraja, learned Counsel for 2nd Respondent.

2. This Criminal Revision Case has been filed challenging the order passed by Additional District and Sessions Judge, Tenkasi in Crl.M.P.No.273 of 2021 in Crl.A.No.36 of 2021 dated 07.08.2023.

3. Mr.K.A.Raama Krishnan, learned Counsel for Revision Petitioner would submit that Petitioner was convicted by Judicial Magistrate Court, Alangulam in C.C.No.817 of 2016, dated 29.03.2021 for offence under Sections 323 of IPC and Section 4 of TNPHW Act and sentenced to undergo Simple Imprisonment for three months for offence under Section 323 of IPC; 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.

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3.1.Aggrieved, Petitioner filed criminal appeal in Crl.A.No.36 of 2021 before Additional District and Sessions Judge, Tenkasi. The said appeal is still pending. In the meantime, the petitioner/accused filed a miscellaneous petition in Crl.M.P. No. 273 of 2021 before the learned Additional District and Sessions Judge, Tenkasi, under Section 320(b) of Cr.P.C., seeking permission to compound the offence. After hearing the arguments of both sides and upon perusing the documents, the trial Court dismissed the said petition by order dated 07.08.2023. Aggrieved by the said order, the petitioner has filed the present revision petition.

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. Both revision petitioner/accused and 2nd respondent/complainant, were present before this Court along with Identity Cards (Aadhar Cards). 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 dated 24.02.2026 reads as follows:

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''Joint Compromise Memo filed by Petitioner & 2nd Respondent

1. This memorandum of Joint Compromise entered on 24.02.2026 at Tenkasi, between the Petitioner/Accused and the 2nd Respondent/Defacto-complainant on the following terms and conditions. Whereas, a criminal complaint has been caused by the 2nd Respondent against the Petitioner in C.C.No.817 of 2016 on the file of learned Judicial Magistrate, Alangkulam, Tenkasi u/s. 294(b), 323 of IPC and Section 4 of TNPHW Act and the accused was convicted on 29.03.2021 and preferred an appeal and is pending before the Additional District and Sessions Court (FTC), Tenkasi District in Crl.a.No.36 of 2021 and is still pending.

2. It is submitted that the petitioner and the Defacto-complainant are close relatives, and in order to maintain cordial relations a compromise is entered.

3. It is submitted that with the intervention, advice and mediation of family elders and well-wishers, both parties have amicably resolved all their disputes.

4. It is submitted that the Defacto-complainant hereby expresses no objection to the Accused being acquitted in the above case.

5. Both parties submit that the compromise has been entered into voluntarily, in good faith, and for the sake of restoring peace and family unity.

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6. Whereas in the light of the above compromise, the parties hereto shall not interfere with their personal life of each other with any issues or claims hereafter at any point of time between them. Therefore, the 2nd Respondent/Defacto-complainant agreed to acquit the Accused in Crl.A.No.36 of 2021 on the file of the Additional District and Sessions Court (FTC), Tenkasi District against C.C.No.817 of 2016 on the file of learned Judicial Magistrate, Alangkulam, Tenkasi.

7. The parties hereto have agreed to the above terms, adhere to the same in strict sense and put their signatures on the day, month and year as written below.''

5. In view of the Joint Compromise Memo, orders passed by Additional District and Sessions Judge, Tenkasi in Crl.M.P.No.273 of 2021 in Crl.A.No.36 of 2021, dated 07.08.2023 and Judicial Magistrate Court, Alangulam, in C.C.No.817 of 2016 dated 29.03.2021, are set aside. Consequently, the Petitioner is acquitted. The learned Additional District and Sessions Judge, Tenkasi is hereby directed to dispose of the pending criminal appeal in Crl.A.No.36 of 2021 based on the Joint Compromise dated 24.02.2026 entered into between the parties. 5/8

6. This Criminal Revision Case stands disposed of in terms of the above Joint Compromise Memo dated 24.02.2026, which shall form part and parcel of this order. No costs.

Index :Yes / No 24.02.2026 Internet :Yes / No NCC :Yes / No gvn 6/8

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.

gvn Order made in 24.02.2026 8/8