Madras High CourtCRL A/398/2014settled before the lokadalats

Govindarajan v. The Inspector Of Police

2015-12-21Honourable Mr Justice P.Thangavel(Lok-I)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Monday, the 21st day of December, 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Mrs.Hemalatha Daniel Ms.S.Sridevi CRL.A.No.398 of 2014 (This Criminal Appeal is filed U/s. 374 of Code of Criminal Procedure to set aside the conviction and sentence passed by the First Additional, District and Sessions Judge, Tindivanam, made in S.C.No.135 of 2013 by its Judgment dated 30.06.2014, and acquit the appellant herein from the charges) Govindarajan ... Appellant/sole-accused Vs.

State by Inspector of Police, Tindivanam, Crime No.1 of 2010.

... Respondent/complainant This case came up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.S.AnanthaNarayanan and the learned counsel for the respondent, Mr.V.Saravanan, are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The Criminal Appeal in CRL.A.No.398 of 2014 pending on the file of High Court, Madras and preferred against the

conviction and sentence of one year and fine of Rs.10,000/-, in default to undergo rigorous imprisonment for three months for an offence under Section 417 IPC on the file of learned First Additional District and Sessions Judge, Tindivanam has been referred to Lok Adalat for conciliation today.

2. The appellant represented by counsel and the respondent / State represented by police and the complainant (PW1) Smt.Premlatha along with her mother, Muniammal assisted by Mr.V.Saravanan, Advocate, Chennai, who filed vakalat before Lok Adalat today are present.

3. After great deliberation and discussion, both the parties have compromised the dispute between them to the effect that the appellant shall pay a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) to the victim Smt.Premlatha for the education and welfare of the minor son, Bharani Roshan, born to her through the appellant, Govindarajan and on payment of the above said amount, the prosecution and the complainant have no objection to have the conviction and sentence set aside and setting of appellant at liberty.

4. As per the compromise between both parties, the appellant, Govindarajan has paid a sum of Rs.1,50,000/-(Rupees One Lakh and Fifty Thousand only) in cash to Smt.Premlatha before Lok Adalat today and the said amount has been received by the complainant, Smt.Premlatha for herself and on behalf of her minor son, Bharani Roshan. It is agreed between both the parties that the minor son, Bharani Roshan born to the appellant and Smt.Premlatha shall have his right worked out against his father/appellant, Govindarajan later and without prejudice to such right, this matter has been compromised and recorded. The payment of a sum of Rs.1,50,000/- before Lok Adalat by the appellant to Smt.Premlatha for herself and on behalf of her minor son has been recorded by Lok Adalat today.

5. In view of the compromise arrived at between both parties, the Lok Adalat hereby declare and decree that the conviction and sentence imposed on the appellant by the competent court are set aside and the appellant shall be set at liberty forthwith. Appropriate orders may also be passed by competent court, if necessary. Award is passed accordingly. No order as to costs. Consequently, connected Miscellaneous Petitions, if any, are closed.

Sd/- Sd/- Govindarajan Counsel for the appellant Sd/- Premlatha Sd/- Muniammal Sd/- State by Inspector of Police, Sd/- Tindivanam.

Counsel for the respondent This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the parties in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gv To:The parties/Advocate concerned Copy to:

1. The First Additional, District and Sessions Judge, Tindivanam.

2. The Inspector of Police, Tindivanam

3. The Secretary, High Court Legal Services Committee, Chennai.

4. The Section Officer, V.R.Section, High Court, Madras.

5. The Section Officer, Lok Adalat Section, High Court, Madras.

+2 Copies CRL.A.No.398 of 2014 VGI(CO) CA(29/01/2016)