Hon'ble Supreme Court in the cases of Gian Singh v. State of Punjab and Another reported in

CRL A(MD). Nos.133 and 237 of 2020BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31/01/2025CORAMTHE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNANCRL.A(MD). Nos.133 & 237 of 2020CRL A(MD). No.133 of 2020M.Raja ... Petitioner/Accused No.2VsThe Inspector of PoliceKeelakarai Police StationRamanathapuram District.Cr No.47/2018. ... Respondent/ComplainantPRAYER :- This petition is filed under Section 374 of Cr.P.C., to call for the records in judgment rendered by the Principal District & Sessions Court, Ramanathapuram, Ramanathapuram District, in S.C.No.52 of 2019 dated on 19.02.2020 by convicting the appellant under Section 147 of IPC by imposing fine a sum of Rs.500/-, failing which 15 days simple imprisonment and under Section 294(b) r/w 149 IPC by imposing fine a sum of Rs.500/-, failing which 15 days simple imprisonment and under Section 324 r/w 149 by imposing 2 years rigorous imprisonment and fine a sum of Rs.2000/-, failing which one month simple imprisonment and 1/11 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.133 and 237 of 2020under Section 323 r/w 149 IPC by imposing fine a sum of Rs.500/-, failing which 15 days simple imprisonment and under Section 451 r/w 149 of IPC by imposing fine one year rigorous imprisonment and fine a sum of Rs.500/-, failing which 15 days simple imprisonment and conviction under Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 192 by imposing one year rigorous imprisonment and fine a sum of Rs.1000/- failing which one month simple imprisonment and set aside the same and acquit the appellant/accused No.2. For Petitioner : M/s.D.Balamurugapandi, Advocate. For Respondent : M.Sakthi Kumar, Government Advocate (Crl.Side)CRL A(MD). No.237 of 2020Velavan ... Petitioner/Accused No.1VsThe Inspector of PoliceKeelakarai Police StationRamanathapuram DistrictCr No.47/2018. ... Respondent/ComplainantPRAYER :- This petition is filed under Section 374 of Cr.P.C., to call for the records connected with the judgment rendered by the learned Principal District and Sessions Judge, Ramanathapuram, in S.C.No.52 of 2019 2/11 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.133 and 237 of 2020dated 19.02.2020 and set aside the same and consequently, acquit the appellant. For Petitioner : Mr.R.Praksh, Advocate. For Respondent : M.Sakthi Kumar, Government Advocate (Crl.Side)COMMON ORDERThese appeals have been filed to set aside the judgment passed in S.C.No.52 of 2019 on the file of the learned Principal District and Sessions Judge, Ramanathapuram, dated 19.02.2020.2. Since the appellants in both the appeals were arrayed as accused in the same crime number, these appeals are taken up together for hearing and disposed by way of this common judgment. 3.The accused in S.C.No.52 of 2019, on the file of the learned Principal District and Sessions Judge, Ramanathapuram, have filed these Criminal Appeals challenging the following conviction and sentence imposed on them by the impugned judgment 19.02.2020, in S.C.No.52 of 3/11 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.133 and 237 of 20202019 : Sl.NoAccused No.Offence Punishable under SectionSentence of Imprisonment and fine1 A2147 of IPC294(b) r/w 149 of IPC324 r/w 149 of IPC323 r/w 149 of IPC451 r/w 149 of IPC3(1) of the TNPPDL Act, 1992to pay a fine of Rs.500/-, in default, to undergo 15 days Simple imprisonment.to pay a fine of Rs.500/-, in default, to undergo 15 days Simple imprisonment.2 years of Rigorous Imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo 1 month Simple imprisonment.to pay a fine of Rs.500/-, in default, to undergo 15 days Simple imprisonment.1 year of Rigorous Imprisonment and to pay a fine of Rs.500/-, in default, to undergo 15 days Simple imprisonment.1 year of Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo 1 month Simple imprisonment.4/11 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.133 and 237 of 20202.A1148 of IPC294(b) r/w 149 of IPC451 r/w 149 of IPC324 r/w 149 of IPC323 r/w 149 of IPC3(1) of the TNPPDL Act, 1992to pay a fine of Rs.1,000/-, in default, to undergo 1 month Simple imprisonment.to pay a fine of Rs.500/-, in default, to undergo 15 days Simple imprisonment.1 year of Rigorous Imprisonment and to pay a fine of Rs.500/-, in default, to undergo 15 days Simple imprisonment.2 years of Rigorous Imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo 1 month Simple imprisonment.to pay a fine of Rs.500/-, in default, to undergo 15 days Simple imprisonment.1 year of Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo 1 month Simple imprisonment.4. Prosecution Case:-According to the prosecution, the defacto complainant, P.W.1, was the owner of a cell phone shop and was also carrying on cell phone repair business. The appellants/accused and other accused persons visited the 5/11 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.133 and 237 of 2020shop on 31.03.2018 and handed over a cell phone for the purpose of repair. Thereafter, on 02.04.2018 at about 7.00 p.m., they received the repaired cell phone. At that time, an altercation arose between the defacto complainant and the accused persons. Subsequently, on the same day, at about 7.00 p.m., the appellants/accused and other persons allegedly assaulted the defacto complainant with an iron rod, damaged the shop, caused damage to the tune of Rs.15,000/-, and also looted the cell phones from the shop. The injured was admitted in the hospital, and intimation was sent to the respondent police. P.W.6, after recording the statement of the defacto complainant, registered a case in Crime No.47 of 2018 for the alleged offences under Sections 147, 148, 450, 294(b), 323, 324, 307, 506(2), 379 of IPC and Section 3(1) of TNPPDL Act. Pursuant to the registration of the case, P.W.7 commenced the investigation, and the same was thereafter continued by P.W.8, who conducted the investigation and arrested the accused and collected the materials and filed the final report. The same was taken on the file in P.R.C.No.39 of 2018, by the learned Judicial Magistrate No.I, Ramanathapuram. 6/11 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.133 and 237 of 20205. On appearance of the appellants, copies of documents relied by the prosecution were furnished to the accused under section 207 of Cr.P.C. The learned Judicial Magistrate No.I, Ramanathapuram, committed the case to the Special Court and the case was taken on file in SC.No.52 of 2019 by the learned Principal Sessions Judge, Ramanathapuram. Then, he framed necessary charges and questioned the accused. The accused denied the charges and pleaded not guilty and stood for trial. 6.To prove the case, the prosecution examined P.W.1 to P.W.8 and exhibited 8 documents as Ex.P.1 to Ex.P.8 and produced 2 material objects as M.O.1 & M.O.2. Thereafter, the appellants were questioned under Section 313 Cr.P.C proceedings regarding the incriminating evidence against them and they denied the same as false and thereafter, the case was posted for evidence on the side of defence. The accused neither produced any documents nor examined any witnesses on his side. 7/11 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.133 and 237 of 20207.The learned trial Judge, upon considering the oral and documentary evidence available on record, convicted the accused for the various offences by the impugned judgment dated 19.02.2020. Challenging the same, the present criminal appeals have been filed before this Court.8. When the matter is taken up for hearing, the learned counsel appearing for the appellants would submit that pending the appeals, the parties, namely, the defacto complainant and the accused persons, have entered into a compromise. On the basis of the said compromise, both the parties appeared before this Court.9. This Court recorded the compromise and perused the memorandum of compromise filed by the defacto complainant, as well as the antecedents of the accused. It is seen that the accused have no criminal antecedents and that the occurrence had taken place due to a sudden outburst arising out of the earlier altercation between the parties. Now the parties have settled the issues and considering the above special circumstances, the cases come under the following ratio laid down by the 8/11 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.133 and 237 of 2020Hon'ble Supreme Court in the cases of Gian Singh v. State of Punjab and Another reported in (2012) 10 SCC 303, Narinder Singh and Others v. State of Punjab and Another reported in (2014) 6 SCC 466, State of M.P. v. Laxmi Narayan reported in (2019) 5 SCC 688, Ramgopal v. State of M.P., reported in (2022) 14 SCC 531 and Murali v. State, reported in (2021) 1 SCC 726.10. Applying the above principle, this Court is inclined to allow to compound the offence and inclined to sentence the appellants to a sentence of imprisonment which they have already undergone. 11.Accordingly, these Criminal Appeals are allowed with the following directions: 11.1. The conviction and sentence passed by the learned Principal District and Sessions Judge, Ramanathapuram, in S.C.No.52 of 2019, dated 19.02.2020, is hereby confirmed. But the sentence of imprisonment alone is reduced to the period already undergone by the appellants. 11.2. Fine amount paid by the appellants shall be 9/11 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.133 and 237 of 2020refunded to the appellants forthwith. 11.3. Bail bond if any, executed by them shall stand cancelled. 31.01.2025DSS TO1. The Principal District and Sessions Judge, Ramanathapuram.2. The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.4.The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.10/11 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.133 and 237 of 2020 K.K. RAMAKRISHNAN,J DSS ORDER IN CRL.A(MD). Nos.133 & 237 of 2020 Date : 31/01/202511/11