Athithan vs The State Rep. Through on 30 March, 2023

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Madras High Court

Athithan vs The State Rep. Through on 30 March, 2023

Bench: G.Ilangovan

                                                                     Crl.O.P.(MD)No.5838 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 30.03.2023

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                            Crl.O.P.(MD) No.5838 of 2023

                     Athithan                                    ... Petitioner/Accused No.1


                                                        Vs.
                     1.The State rep. through
                       The Inspector of Police,
                       Sayarpuram police Station,
                       Thoothukudi District.
                       Crime No.30 of 2019

                     2.Lingadurai                                ... Respondents

                     PRAYER: Criminal Original Petition is filed under Section 482 of

                     Cr.P.C, to direct the Principal Sessions Judge, Thoothukudi, to consider

                     the compromise memo filed by the petitioner and accept the petition

                     under Section 320 of Cr.P.C. for compounding the offence in Crl.A.No.

                     113 of 2022 on the file of the Principal Sessions Judge, Thoothukudi.

                                    For Petitioner     : Mr.C.Aathinarayanan
                                    For Respondents    : Mr.S.Manikandan for R1
                                                      Government Advocate (Crl. Side)




https://www.mhc.tn.gov.in/judis
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                                                                            Crl.O.P.(MD)No.5838 of 2023


                                                             ORDER

This Criminal Original Petition has been filed seeking direction to the Principal Sessions Judge, Thoothukudi, to consider the compromise memo filed by the petitioner and accept the petition under Section 320 of Cr.P.C. for compounding the offence in Crl.A.No.113 of 2022 on the file of the Principal Sessions Judge, Thoothukudi.

2.Seeking direction to the appellate Court to consider the compromise that has been filed by the petitioner, this petition has been filed. This Court absolutely is not in position to understand the grievance that has been expressed by the petitioner. The offence under Section 326 IPC is non compoundable in nature. That cannot be permitted by the appellate Court. No such power is also available to the appellate Court.

3.Therefore, this criminal original petition is dismissed.

30.03.2023 Index : Yes/No Internet : Yes/No TM https://www.mhc.tn.gov.in/judis 2/4 Crl.O.P.(MD)No.5838 of 2023 To

1.The Principal Sessions Judge, Thoothukudi.

2.The Inspector of Police, Sayarpuram police Station, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis 3/4 Crl.O.P.(MD)No.5838 of 2023 G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.5838 of 2023 30.03.2023 https://www.mhc.tn.gov.in/judis 4/4

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