C.Kalichamy v. State Rep By

Crl.M.P.No.4027 of 2023 in T.V.THAMILSELVI, J.

This petition has been filed to modify the condition imposed on the petitioner by order dated 28.02.2022 in Crl.M.P.No.2244 of 2022 in Crl.O.P. No.25768 of 2021, is to deposit a sum of Rs.7,000/-as interim maintenance until modified by the Court of Law to the credit of the daughter's account within first week of every English Calendar month.

2. The learned Government Advocate (Crl.Side) would submit that the FIR has been closed as mistake of fact, in an earlier order in Crl.O.P.No.25768 of 2021. On 28.02.2023 in Crl.M.P.No.2244 of 2022 this Court had modified the condition as imposed on the petitioner. The relevant condition is extracted as follows:

"the petitioners are directed to deposit a sum of Rs.7,000/- as interim maintenance until modified by the Court of Law to the credit of the daughter's account within first week of every English Calendar month and shall produce the said receipt before the Court below."

He would also submit that they have settled their dispute and thereby got compromise and also they are now living together.

3. Heard both sides.

4. Now the fact reveals that, FIR was closed as mistake of fact and they have decided to approach the family Court to settle their issue. Considering the submission made by the learned counsel appearing for both parties, the condition imposed as against the petitioners is cancelled.

5. Accordingly, this Criminal Miscellaneous petition is ordered. 28.03.2023 rri

T.V.THAMILSELVI,J.

rri Crl.M.P.No.4027 of 2023 in 28.03.2023