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Madras High CourtCRL OP/3575/2021dismissed

Pattusamy v. Sundari

2023-03-15Honourable Mr Justice Sunder Mohan4 pages

Crl.O.P. No. 3575 of 2021 and Crl.M.P. No. 1735 of 2021 SUNDER MOHAN, J Today, the matter has been listed under the caption 'For Being Mentioned'. 2.The learned counsel for the petitioner submitted that inadvertently they have not placed before this Court the fact that the petitioner had paid a sum of Rs.26,000/- to the respondents herein. The learned counsel for the petitioner has produced a copy of the certified copy of the docket order in C.M.P. No. 3462 of 2018 in M.C. No. 06 of 2009 on the file of the Judicial Magistrate No.II, Chidambaram which confirms the fact that the petitioner had paid a sum of Rs.26,000/- to the respondents. Hence, the learned counsel submitted that the above facts may be incorporated in the final order dated 15.03.2023 in this petition.

3.The learned counsel for the respondents confirms the receipt of a sum of Rs.26,000/-.

4.Taking into consideration of the submission of the learned counsel for the petitioner, Paragraph No.4 of the final order dated 15.03.2023 may be read as follows;

"4.The petitioner has challenged the said order. The petitioner has not made out any grounds to interfere with the said order passed by the learned Magistrate as confirmed by the Family Court, Pondicherry. The petitioner is unable to state as to how the orders passed by two Courts are erroneous. The order of the learned Magistrate and the order of the Family Court show that all the contentions of the petitioner were considered and they had taken into consideration the amount paid by the petitioner and directed the petitioner to pay the balance amount. It is seen from the docket order passed in C.M.P. No. 3462 of 2018 in M.C. No. 06 of 2009 on the file of the Judicial Magistrate No.II, Chidambaram that the petitioner has paid Rs.26,000/- to the respondents. The respondents confirm the receipt of the said amount. However, there is no infirmity in the orders passed by the Courts below and hence does not call for interference by this Court. Hence the Criminal Original Petition is dismissed." 5.The Registry is directed to furnish the amended copy of the order to the parties.

25.04.2023 kan/ay

SUNDER MOHAN, J kan Crl.O.P. No. 3575 of 2021 and Crl.M.P. No. 1735 of 2021

25.04.2023