R.Harikumar v. The State, Represented by

ORDER The revision challenges the Judgment dated 12.04.2024 passed in Criminal Appeal No.362 of 2023 by the learned XXII Additional City Civil Court Judge, Allikulam, Chennai, confirming the impugned Judgment dated

06.06.2023 passed in C.C.No.4507 of 2012 by the learned Chief Metropolitan Magistrate, Egmore, Chennai. The petitioner was convicted for the offence under Section 406 of the Indian Penal Code, 1860, and sentenced to undergo rigorous imprisonment for 3 years and to pay compensation of Rs.38,50,000/- (Rupees Thirty Eight Lakhs Fifty Thousand Only) to the de-facto complainant, in default to undergo simple imprisonment for 6 months. Page3 of 6

¶2The case of the prosecution is that the petitioner/A1/husband of the de-facto complainant, at the time of marriage, had received 150 sovereigns of jewels, Rs.3,00,000/- (Rupees Three Lakhs only) in cash, a car, and other articles as dowry; and that thereafter, the petitioner, along with his parents and brother, had committed the offences under Sections 406, 420 and 498 (A) of the Indian Penal Code and Sections 4 and 6 of the Dowry Prohibition Act.

3.The trial Court found that the prosecution had not established the offences under Section 498 (A) of the IPC and Sections 4 and 6 of the Dowry Prohibition Act against all the accused. The petitioner was convicted for the offence under Section 406 of the IPC. The petitioner preferred an appeal before the Appellate Court, which confirmed the conviction and sentence imposed on the petitioner by the trial Court.

¶4During the pendency of the revision, the parties have entered into a compromise, and the de-facto complainant has agreed to receive a total sum of Rs.19,25,000/- (Rupees Nineteen Lakhs Twenty Five Thousand Only) in full and final settlement of all her claims against the petitioner. The de-facto complainant is present in person and confirms the compromise. The parties had filed the Joint Memorandum of Compromise dated 03.02.2026, which is taken on record and shall be treated as part and parcel of this order. Page4 of 6

¶5In view of the compromise arrived at and since the offence under Section 406 of IPC, is compoundable, this Court is inclined to accept the Compromise Memo dated 03.02.2026 and set aside the conviction and sentence imposed on the petitioner by the Courts below.

¶6At the time of admission of this Criminal Revision, this Court had directed the petitioner to deposit a sum of Rs.19,25,000/- (Rupees Nineteen Lakhs Twenty Five Thousand Only) to the credit of C.C.No.4507 of 2012. The petitioner had made the said deposit on 30.01.2025.

¶7The de-facto complainant is permitted to withdraw the sum of Rs.19,25,000/- (Rupees Nineteen Lakhs Twenty Five Thousand Only) along with the accrued interest, if any, by filing an appropriate application. The petitioner has handed over the deposit receipt to the de-facto complainant.

¶8Accordingly, the Joint Compromise Memo dated 03.02.2026 is taken on file. The criminal revision case is allowed in terms of the aforesaid memo filed by the parties. The conviction and sentence imposed upon the petitioner vide judgment dated 06.06.2023 made in C.C.No.4507 of 2012, by the learned Chief Metropolitan Magistrate, Egmore, Chennai, and confirmed by the Judgment dated 12.04.2024 made in Crl.A.No.362 of 2023 passed by the Page5 of 6 learned XXII Additional City Civil Court Judge, Allikulam, Chennai, are set aside, and the petitioner is acquitted of the offence under Section 406 of the IPC. The fine amount, if any, paid by the petitioner shall be refunded. Bail bond, if any, executed shall stand discharged. 03-02-2026 dk Index: Yes/No Speaking/Non-speaking order Copy to:

¶1The XXII Additional City Civil Court Judge, Allikulam, Chennai,

¶2The Chief Metropolitan Magistrate, Egmore, Chennai.

¶3The Inspector of Police, W2, All Women Police Station, Triplicane Circle, Anna Salai, Chennai - 600 002.

¶4The Public Prosecutor High Court of Madras, Chennai. CRLoRCoNo.o1238oofo2024 SUNDERoMOHAN,oJ. dk CRLoRCoNo.o1238oofo2024 03-02-2026 Page6oofo6

2026:MHC:488 Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-02-2026 CORAM THE HON'BLE MR.JUSTICE SUNDER MOHAN CRL RC No.1238 of 2024 R.Harikumar Son of Mr.P.S.Raju, No.149, Bells Road, Triplicane, Chennai - 600 005. Now residing at No.95, Mariamman Koil Street, Sattur, Virudhunagar District, Pin - 626 203. ...Petitioner/A1 Vs The State, Represented by The Inspector of Police, W2, All Women Police Station, Triplicane Circle, Anna Salai, Chennai - 600 002. ...Respondent/Complainant Prayer : Criminal Revision filed under Section 397 r/w 401 of the Code of Criminal Procedure, 1973, to call for the records culminating in the impugned Judgment dated 12-04-2024 passed in Crl.A.No.362 of 2023 by the Learned XXII Additional City Civil Court Judge, Allikulam, Chennai, confirming the Page2 of 6 impugned Judgment dated 06-06-2023 passed in CC.No.4507 of 2012 by the Learned Chief Metropolitan Magistrate, Egmore, Chennai, only in so far as it convicts and sentences the Petitioner, examine the correctness, legality and propriety of the findings made therein, set aside the same and acquit the petitioner. For Petitioner : Mr.Arun Anbumani For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side) Mr.S.Venkatesan for Defacto complainant