LAWS(MAD)-2022-2-66

SILVA Vs. INSPECTOR OF POLICE

Decided On February 22, 2022
Silva Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) The Criminal Original Petition has been filed to record the compromise entered between the petitioners and the defacto complainant and to acquit them from conviction imposed in S.C.No.319 of 2015 dtd. 16/12/2015 on the file of the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court) and modified by this Court in Crl.A.(MD).No.19 of 2016 dtd. 23/8/2021 and thereby, sentenced the petitioners to undergo three months imprisonment under Sec. 323 I.P.C.

(2.) The learned counsel appearing for the petitioners would submit that after confirming the conviction by the Court below and after modification of the sentence by this Court in Crl.A.(MD).No.19 of 2016 dtd. 23/8/2021, the petitioners and the second respondent, namely, the defacto complainant had compromised the issue and filed this petition to set aside the conviction.

(3.) The second respondent / defacto complainant filed an affidavit along with the joint compromise memo, which would reveal that the second respondent does not want to pursue his complaint and she has no objection for acquitting the petitioners and she gave his consent to close the case without any coercion as compromise entered between the parties.