HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.A.No.665 of 2022 and Crl.M.P.No.8893 of 2022 Sivasubramani .. Appellant view of the compromise between the parties, the conviction and sentence imposed on the appellant by the learned Sessions Judge, Magalir Neethimandram, Salem dated 25.05.2022 in S.C.No.244 of 2018 is set aside and the petitioner is acquitted of the offence. 5. The appeal is allowed as above.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.07.2022
CORAM :
THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.A.No.665 of 2022 and
Crl.M.P.No.8893 of 2022
Sivasubramani .. Appellant
Vs
State by Inspector of Police Attur Police Station Salem District.
(Crime No.712 of 2017) .. Respondent
Prayer: Criminal Appeal is filed under Sections 371 r/w 401(5) of the
Code of Criminal Procedure to set aside the judgment of the learned Sessions Judge, Magalir Neethimandram (Mahila Court)Salem, Salem District in Sessions Case No.244 of 2018 dated 25.05.2022 and acquit the appellant.
For Appellant : Mr.M.Balaji
For Respondent : Mr.S.Vinoth Raja
Government Advocate (Crl. Side)
ORDER
This appeal is filed against the conviction of the appellant namely,
Sivasubramani for the offence under Section 324 and 307 of the Indian Penal Code and the appellant was sentenced to undergo rigorous imprisonment for a period of ten years for the offence under Section 307 of the Indian Penal Code and three years for the offence under Section 324 of the Indian Penal Code.
2. The case of the prosecution is that there is a marital conflict between the accused and his wife. On 28.12.2017, when the wife confronted the accused about the repayment of loans, in a fit of anger, the accused took up an aruval manai and caused injury to the mother-in-law of the accused on her back. On the strength of the said allegation being proved, the Trial Court found the accused guilty and convicted him as stated above. When the matter came up on the last occasion, the mother-inlaw and the wife and the three children were all present before this Court. Time was granted for learned Public Prosecutor to get instructions in the matter and the matter was adjourned today, that is, 18.07.2022. Again, the injured victim, namely the mother-in-law and the wife and the children were present and also filed an affidavit to the effect that the matter has been compromised between the parties and the wife is willing to live with the accused and they have got three children. The mother-in-law also states that she has forgiven and wants her daughter to live with the accused.
3. Learned Public Prosecutor submits that the appellant accused is in
jail.
4. Even though this is an appeal, the Hon’ble Supreme Court of India in the judgment of B.S.Joshi vs State of Haryana1 has stated that in the offences relating to the husband and wife, if they had resolved the differences one way or the other, this Court can exercise its power under Section 482 of the Code of Criminal Procedure and quash the proceedings between them. In that view of the matter, the said principle is extendable even after conviction also. When the essence of allegations is a marital conflict, the irrespective description of the offence being under Sections 307 or 324, and the husband and the wife want to live together and they have ironed out their differences, this Court, even though exercises the
1 2003 4 SCC 675
appellate power, is also vested with the powers under Section 482 of the Code of Criminal Procedure and in that view of the matter, the said factum as to the settlement of the issue between the husband and the wife is recorded and the appeal is allowed on the following terms;
(i) in view of the compromise between the parties, the conviction and sentence imposed on the appellant by the learned Sessions Judge, Magalir Neethimandram, Salem dated 25.05.2022 in S.C.No.244 of 2018 is set aside and the petitioner is acquitted of the offence.
5. The appeal is allowed as above.
Index: yes/no 18.07.2022
Speaking order/Non-speaking order drm To
1. The Inspector of Police Attur Police Station Salem District.
(Crime No.712 of 2017)
2. The Sessions Judge, Magalir Neethimandram (Mahila Court) Salem, Salem District
3. The Public Prosecutor, High Court of Madras.
D.BHARATHA CHAKRAVARTHY. J.,
drm
Crl.A.No.665 of 2022 and
Crl.M.P.No.8893 of 2022
18.07.2022
