Madras High Court
CRL OP(MD)/23309/2026 of Thanka Beril Mabel Vs State Of Tamilnadu Rep By In on 12 October 2026
CRL OP(MD) No. 23309 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 23309 of 2026
CNR:{HCMD011431402026}
1. Thanka Beril Mabel
2. Rayappan
..Petitioner(s)
Vs
1. The State Of Tamilnadu,
Rep., by the Inspector Of Police,
District Crime Branch Police Station,
Nagercoil,
Kanyakumari District.
(Crime No.102 of 2011)
2. Devasahayam
..Respondent(s)
PRAYER: C-51Q. To call for the records in relating to Judgment dated 09.10.2025 passed in C.C.No.126 of 2017 passed by the Learned Judicial Magistrate No.I, Nagercoil and quash or setting aside the Judgment dated 09.10.2025 passed in C.C.No.126/2017 passed by the learned Judicial Magistrate No.I, Nagercoil and consequently, acquit the petitioners.
For Petitioner(s):
Mr.T.Arul
For R1:
Mr.B.Arun
Government Advocate (Crl.Side)
For R2:
Mr.C.Sankar Prakash
CRL OP(MD) No. 23309 of 2026
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ORDER
The present petition has been filed by A1 and A2 in C.C.No.126 of 2017, on the file of the learned Judicial Magistrate No.I, Nagercoil, seeking to set aside the judgment dated 09.10.2025 passed in C.C.No.126 of 2017, on the file of the learned Judicial Magistrate No.I, Nagercoil and set aside the same and acquit the petitioners.
2. A perusal of the records reveal that the petitioners herein / A1 and A2 in C.C.No.126 of 2017, suffered an order of conviction and sentence by an order dated 09.10.2025. Challenging the same, they have preferred an appeal in Crl.A.No.222 of 2025, before the Principal District Court, Nagercoil, which is pending.
3. Pending the appeal, the parties have entered into a compromise and filed a joint compromise memo before this Court.
4. Today the defacto complainant is present before this Court and he submits that the documents have been cancelled by the accused persons and the property has been returned back to the defacto complainant and therefore, he has no objection for setting aside the order of conviction and sentence passed by the trial Court and to acquit the petitioners herein.
CRL OP(MD) No. 23309 of 2026
5. In view of the said facts, this Court is inclined to pass the following order:-
a) The Judgment dated 09.10.2025 passed in C.C.No.126 of 2017 on the file of the learned Judicial Magistrate No.I, Nagercoil, stands set aside;
b) The petitioners herein stands acquitted;
c) The joint compromise memo shall form part and parcel of the order.
6. Accordingly, the Criminal Original Petition stands allowed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rgm
CRL OP(MD) No. 23309 of 2026 R.VIJAYAKUMAR, J. rgm To
1. The Inspector Of Police, District Crime Branch Police Station, Nagercoil, Kanyakumari District. (Crime No.102 of 2011)
2. Devasahayam S/o. Gnanamuthuraj, 12A, Issac Street, Agasteeswaram, Nagercoil, Kanyakumari District. CRL OP(MD) No. 23309 of 2026 12.10.2026