Madras High CourtCRL RC/1215/2011disposed of

Alamellu v. Murali

2017-07-13Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.1215 of 2011 Alamellu ... Petitioner -vsMurali ... Respondent PRAYER: Criminal Revision Case filed under Section 397 r/w. Section 401 of Cr.P.C., to call for the records in M.C.No.2 of 2009 on the file of Judicial Magistrate No.I, Cheyyar, Thiruvannamalai District and peruse the same and set aside the impugned order dated 19.03.2010 and remit back the matter for retrial.

For Petitioner : Mrs.L.Poompavai For Respondent : Mr.V.R.Appaswamy - - - - -

JUDGMENT

This Criminal Revision Case is filed to set aside the impugned order dated 19.03.2010 passed by the learned Judicial Magistrate No.I, Cheyyar, Thiruvannamalai District, in M.C.No.2 of 2009.

2. This Criminal Revision Case was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

3. A communication dated 13.04.2017 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 03.04.2017 has been received, wherein, it is stated as follows:- "Both the parties appeared before the Centre along with their Counsel.

Matter has been settled between them as per the terms cited in the Mediation Agreement which is enclosed herewith. Hence, the matter is sent back to the Hon'ble Court."

4. Due to the best efforts taken by the Tamil Nadu Mediation and Conciliation Centre, the matter pertaining to settlement of award of maintenance to the petitioner/wife has been settled and Mediation Agreement was filed before the Tamil Nadu Mediation and Conciliation Centre, on 03.04.2017 and the same was sent along with mediation report dated 03.04.2017.

5. The Mediation Agreement dated 03.04.2017, signed by the parties and their respective counsel reads as follows:- "1. The Respondent/Husband agrees to pay a sum of Rs.1,000/- (One thousand only) per month to the Petitioner/Wife towards maintenance till his/her life time.

2. The petitioner/Wife agrees to the above said amount from the month of May 2017 and she will not claim any amount for the period before May 2017.

3.Both the parties agree to enhance 10% at above said maintenance amount for every year.

4. The Respondent/Husband agrees to deposit the above maintenance amount in the bank account to be furnished by the Petitioner/Wife on or before every 10th of English Calendar month.

5. Both the parties agree to dispose the above Crl.R.C.No.1215 of 2011 based on the above terms."

6. In terms of the settlement arrived at between the parties which is recorded under the Mediation Agreement dated 03.04.2017 by the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this Criminal Revision Case is disposed of recording the terms of the Mediation Agreement. The terms of the Mediation Agreement and the report of the Mediation Centre dated 03.04.2017 shall form part of the order.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar Jrl

To 1.The Judicial Magistrate No.I, Cheyyar, Thiruvannamalai District.

2.The Section Officer, Record Section, High Court, Madras.

+1cc to M/s.L.Poompavai,Advocate sr.48878 Crl.R.C.No.1215 of 2011 br(co) ss(2/8/2017)