1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.04.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD) No.294 of 2011 and M.P.(MD) Nos.1 and 2 of 2011 Sundar :Revision Petitioner/Accused -Vs- State through the Inspector of Police, Natham Police Station. Crime No.219 of 2008. :Respondent/Complainant Criminal Revision Case is filed under Section 397 read with 401 of the Criminal Procedure Code, praying to set aside the order dated 18.03.2011 passed in Cr.M.P.No.86 of 2011 in SC 112 of 2010 on the file of the Court of Additional Assistant Sessions Judge, Dindigul. For petitioner:Mr.N.Ananthapadmanaban For Respondent:Mr.P.Rajendran,Government Advocate(Crl.side) ORDER The petitioner is the accused in S.C.No.112 of 2010 and is facing prosecution in the said case for the alleged commission of the offence under Sections 306 and 323 (5 counts) of the Indian Penal Code. 2.The revision petitioner/accused filed Crl.M.P.No.219 of 2010 for discharge and it was dismissed on 10.08.2010. The revision petitioner/ accused challenging the vires of the same, preferred a revision in Crl.R.C.(MD) No.813 of 2010 and this Court vide order dated 20.12.2010 quashed the offence under Section 306 of the Indian Penal Code and directed the lower Court to proceed against the revision petitioner/accused for the offence under Section 323 (5 counts) of the Indian Penal Code. 3.Subsequently, a compromise was effected between the injured witnesses and the accused and accordingly, the petitioner filed Crl.M.P.No.86 of 2011 under Section 320(1) of the Criminal Procedure Code for compounding the offence. The lower Court vide order dated 18.03.2011, has dismissed the said petition and challenging the vires of the same the present Criminal Revision Case has been filed. 4.The learned counsel appearing for the revision petitioner would submit that as per order dated 20.12.2010, made in Crl.R.C.(MD) No.813 of 2010, the charge under Section 306 of the Indian Penal Code has been quashed against the petitioner and the trial Court was directed to proceed against the petitioner only for the alleged commission of the offence under Section 323 (5 counts) of the Indian Penal Code and subsequent to the disposal of the revision, the injured witnesses, who are five in https://hcservices.ecourts.gov.in/hcservices/ 2 numbers reached settlement with the revision petitioner and accordingly, the revision petitioner filed Cr.M.P. No.86 of 2011 for discharge and the trial Court without taking into consideration the averments made in the petition and the scope of Section 320(1) of the Criminal Procedure Code, has dismissed the same by a non-speaking order and therefore, prays for setting aside the impugned order. 5.On the said submissions, this Court heard the submissions of the learned Government Advocate (Criminal side) also, who would submit that a compromise has been reached between the revision petitioner/accused and the injured witnesses. 6.This Court taking into consideration the facts and circumstances of the case is of the view that the impugned order dated 18.03.2011, passed by the Court of Additional Assistant Sessions Judge, Dindigul in Cr.M.P.No.86 of 2011 is liable to be set aside as admittedly the offence under Section 323 of the Indian Penal Code is compoundable one and that a compromise has already been reached between the injured witnesses and the accused. 7.In the result, the Criminal Revision Case is allowed and the impugned order dated 18.03.2011, passed in Cr.M.P.No.86 of 2011 by the Court of Additional Assistant Sessions Judge, Dindigul is set aside and Cr.M.P.No.86 of 2011 is remanded to the Court of Additional Assistant Sessions Judge, Dindigul for fresh adjudication in terms of the observations made in this order. Consequently, connected M.Ps. are closed. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1.The Court of Additional Assistant Sessions Judge, Dindigul. 2.The Inspector of Police, Natham Police Station. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy To: The Section Officer, (Criminal Records) Madurai Bench of Madras High Court, Madurai. +1CC to Mr.N.Anantha Padmanabhan, Advocate. SR.No.15638. Sj/RP/24.05.11/2P/6C. Order in Crl.RC.(MD) No.294 of 2011 and M.P.(MD) Nos.1 and 2 of 2011 28.04.2011. https://hcservices.ecourts.gov.in/hcservices/