Madras HC sets aside lower court’s order, acquits man convicted for attempt to murder – The Indian Express

The court also took into account the willingness of the man’s wife to live with him along with three children.

“Even though this is an appeal, the Supreme Court had stated that in the offences relating to the husband and wife, if they had resolved the differences one way or the other, this Court can exercise its power under Sec. 482 of the CrPC and quash the proceedings between them. In that view of the matter, the said principle is extendable even after conviction also.” “When the essence of allegations is a marital conflict, the irrespective description of the offence being under Sections 307 (attempt to murder) or 324 of the IPC (voluntarily causing hurt by means of any instrument, which is likely to cause death) and the husband and wife want to live together and they have ironed out their differences, this Court, even though exercises the appellate power, is also vested with the powers under Sec. 482 of the CrPC and in that view of the matter, the said factum as to the settlement of the issue between the husband and the wife is recorded and the appeal is allowed…” Justice D Bharatha Chakravarthy said.

The judge was allowing an appeal from Sivasubramani of Athur in Salem district seeking to set aside an order passed in May this year by the Sessions Judge, (Mahila Court) in Salem and order his acquittal.

In view of the compromise between the parties, the conviction and sentence imposed on the appellant by the lower court is set aside and the petitioner is acquitted of the offence, the judge added.

According to prosecution, the man caused cut injuries to his mother-in-law over a marital dispute in December, 2017.

The lower court had convicted and sentenced him to undergo 10 years RI. Challenging this, the man preferred the present appeal, which stands allowed now.