Sabarinath vs State Of Tamilnadu Rep By Inspector Of Police, Awps-Bodinayakkanur

Court
Madras High Court

CRL OP(MD) No. 24395 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30-10-2026
CORAM
THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 24395 of 2026
and
CRL OP(MD) Nos.22721 and 22722 of 2026
CNR:{HCMD011430402026}
1. Sabarinath
S/o. Gunaseelan,
Door No. 42/1,
3rd Ward,
Nattanmaikaran Street,
Bodinayakanur Town and Taluk, Theni District.
(Presently serving at Government Middle School,
Kalliparai,
Tiruvannamalai District).
2. Santhi
W/o. Gunaseelan,
Door No. 42/1, 3rd Ward, Nattanmaikaran Street,
Bodinayakanur Town and Taluk,
Theni District.
3. Gunaseelan
S/o. Sowdaiah,
Door No, 42/1,
3rd Ward, Nattanmaikaran Street,
Bodinayakanur Town and Taluk,
Theni District.
4. Sowdambika
D/o. Gunaseelan,
Door No. 18-B, Kamarajar Street,
Bodinayakanur Town and Taluk,
Theni District.
..Petitioner(s)
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CRL OP(MD) No. 24395 of 2026
Vs
1. State Of Tamilnadu,
Rep., by the Inspector of Police,
Awps-Bodinayakkanur
Theni District.
(Crime No. 04 of 2019)
2. Shanthipriya
D/o. Ramu,
South Street,
Muthanampatti Village,
Aundipatti Taluk,
Theni District.
..Respondent(s)
PRAYER: C-51Q. To call for the records relating to the Judgment of
Conviction and Sentence dated 27.08.2026 passed in C.C. No. 113 of
2019 on the file of the Court of the Judicial Magistrate, Bodinayakanur,
Theni District (CNR No. TNTH13-005290-2019) and quash the same as
an abuse of process of law against the petitioners 1 to 4 / Accused 1 to 4,
and acquit them of all charges, to secure the ends of justice.
For Petitioner(s) :Mr.P.Jeya Prakash
For R1 :Mr.B.Arun
Government Advocate (Crl.Side)
For R2 : Mr.S.A.Ajin Singh
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CRL OP(MD) No. 24395 of 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 /
st
who is the wife of the 1 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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