Crl.RC.No.648 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-01-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL RC NO. 648 of 2023 and CRL MP NO. 1219 of 2025 Karthick ... Petitioner Vs State rep. By The Station House Officer, Mudaliarpet Police Station, Puducherry. ... Respondent Prayer: Criminal Revision Case filed under Sections 438 r/w 442 of BNSS, 2023 to call for the records and set aside the judgement dated 26.08.2022 made in C.A.No.10 of 2022 on the file of the learned Principal Sessions Judge, Puducherry, confirming the sentence imposed in C.C.No.218 of 2018 on the file of the learned Judicial Magistrate No.III, Puducherry dated 16.02.2022. For Petitioner(s): Ms.M.Sneha for Mr.P.Suresh Babu For Respondent(s): Mr.A.V.Ramachandramurthy Additional Public Prosecutor Puducherry. Page 1 of 9 https://www.mhc.tn.gov.in/judis Crl.RC.No.648 of 2023 ORDER This Criminal Revision Petition has been filed to call for the records and set aside the judgement dated 26.08.2022 made in C.A.No.10 of 2022 on the file of the learned Principal Sessions Judge, Puducherry, confirming the sentence imposed in C.C.No.218 of 2018 on the file of the learned Judicial Magistrate No.III, Puducherry dated 16.02.2022. 2. It is the case of the prosecution that while the defacto complainant was selling fruits and snacks along with his father on 21.08.2017 at 09.45 p.m., the petitioner/accused came in a Indica Car and gave Rs.100/- and asked for pineapple, for which, the victim is said to have stated that he had no change; that the petitioner/accused took the fruits stating that he would pay later; that thereafter a wordy quarrel ensued; that the petitioner/accused is said to have poured the hot boiling oil from the stove and caused burn injuries to the defacto complainant on his left shoulder, back of the body, left knee and legs. Page 2 of 9 https://www.mhc.tn.gov.in/judis Crl.RC.No.648 of 2023 3. The trial Court convicted the petitioner for the offence under Section 326 of IPC and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for three months. On appeal, the appellate Court had confirmed the above sentence. 4. During the pendency of the revision, the petitioner and the defacto complainant have entered into a compromise and have filed a joint compromise memo. The scanned copy of the joint compromise memo is as follows: https://www.mhc.tn.gov.in/judis Crl.RC.No.648 of 2023 https://www.mhc.tn.gov.in/judis Crl.RC.No.648 of 2023 https://www.mhc.tn.gov.in/judis Crl.RC.No.648 of 2023 5. The defacto complainant one K.Kumar, who was examined as P.W.2 and his father are present before this Court. Both of them confirmed the fact that the parties have entered into a compromise. The defacto complainant has https://www.mhc.tn.gov.in/judis Crl.RC.No.648 of 2023 also filed an affidavit seeking permission of this Court to compound the offence along with a compound petition. 6.The learned Additional Public Prosecutor also confirms the fact that a compromise has been entered into between the parties. 7. The Hon'ble Supreme Court in Ramgopal and another vs. State of Madhya Pradesh, [(2022) 14 SCC 531] had held that this Court, in exercise of inherent powers, can accept the compromise, even in the case of non- compoundable offences, if the parties have entered into a compromise and the dispute is private in nature. 8. Though, the petitioner is the accused of the offence under Section 326 IPC, the dispute is private in nature. Hence, this Court is inclined to accept the compromise and set aside the order of conviction and sentence imposed by the Courts below. 9. Accordingly, the Joint Compromise Affidavit dated 20.01.2025 is taken on file. The Criminal Revision Case is allowed in terms of the Joint https://www.mhc.tn.gov.in/judis Crl.RC.No.648 of 2023 Compromise Affidavit dated 20.01.2025. The conviction and sentence imposed upon the petitioner vide judgment dated 26.08.2022 made in Crl.A.No.10 of 2022 on the file of the learned Principal Sessions Judge, Puducherry, confirming the judgment dated 16.02.2022 made in C.C.No.218 of 2018 on the file of the learned Judicial Magistrate No.III, Puducherry, is set aside and the revision petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act. Consequently, the connected Criminal Miscellaneous Petition is closed. 30.01.2025 Anu Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No https://www.mhc.tn.gov.in/judis Crl.RC.No.648 of 2023 SUNDER MOHAN, J. Anu To 1.The Judicial Magistrate No.III, Puducherry 2.The Principal Sessions Judge, Puducherry 3.The Station House Officer, Mudaliarpet Police Station, Puducherry. 4.The Public Prosecutor, High Court, Madras. Crl.RC.No.648 of 2023 and Crl.M.P.No.1219 of 2025 30.01.2025 https://www.mhc.tn.gov.in/judis