CRL OP(MD)/24395/2026 of Sabarinath Vs State Of Tamilnadu Rep By Inspector Of Police, Awps-Bodinayakkanur on 30 October 2026

ORDER

The present petition has been filed by the appellants in Crl.A.No.204 of 2026, on the file of the learned Principal District and Sessions Court, Theni, seeking to set aside the order of conviction and sentence passed in C.C.No.113 of 2019, on the file of the learned Judicial Magistrate, Bodinayakanur dated 27.08.2026.

2. It could be seen from the records that the de facto complainant / who is the wife of the 1st petitioner had lodged a police complaint in Cr.No.04 of 2019 as against the petitioners herein who are the husband and in-laws of the defacto complainant for the alleged offence under Sections 498(A) of IPC and Section 506(1) of IPC and Section 4 of DPA.

3. The petitioners were convicted on 27.08.2026 and they were imposed with the punishment of 3 years for the offence under Section 498(A) of IPC and one year punishment was imposed on the offence under Section 4 of DPA. __________

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CRL OP(MD) No. 24395 of 2026

4. Challenging the same, the petitioners have preferred Crl.A.No.204 of 2026, before the learned Principal District and Sessions Court, Theni, and suspension of sentence was granted. However, the sureties are yet to be produced.

5. The learned counsel appearing for the petitioner brought to the notice of the Court that the husband and wife have jointly filed H.M.O.P.No.618 of 2025, before the Family Court, Theni, seeking divorce by mutual consent and the same was allowed on 30.04.2026. Thereafter, the parties have entered into a joint compromise, wherein, the defacto complainant has agreed for set aside the conviction and sentence imposed upon the petitioner’s herein.

6. Today the defacto complainant is present in person before this Court and she submits that in view of the compromise entered into between the parties, she has no objection whatsoever for setting aside the conviction and sentence imposed upon the petitioners herein.

7. Considering the above said facts, this Court is inclined to pass the following order:- __________

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CRL OP(MD) No. 24395 of 2026

a) The order of conviction and sentence imposed upon the petitioners herein in C.C.No.113 of 2019, on the file of the learned Judicial Magistrate, Bodinayakanur, Theni District dated 27.08.2026 is hereby set aside.

b) The petitioners stand acquitted.

c) The joint compromise memo shall form part and parcel of the order.

d) The petitioners are permitted to withdraw the fine amount deposited by them before the learned Judicial Magistrate, Bodinayakanur, without awaiting for any no objection from the defacto complainant.

e) Accordingly, the criminal original petition stands allowed. Consequently, connected miscellaneous petitions are closed. 30-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rgm Note: Issue order copy on 02.11.2026 __________

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CRL OP(MD) No. 24395 of 2026 To

1. Inspector Of Police, Awps-Bodinayakkanur, Theni District

2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai __________

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CRL OP(MD) No. 24395 of 2026 R.VIJAYAKUMAR, J. rgm CRL OP(MD) No. 24395 of 2026 30-10-2026 __________

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