S.Balakrishnan v. State Of Tamil Nadu

BAIL SLIP The Petitioner namely Mr.S.Balakrishnan, Accused No.I in C.C.No.116 of 2006 on the file of Judicial Magistrate No.I at Cheyyar was directed to be released on bail as per the Order of this Court dated 12.05.2011 made in M.P.No.1 of 2011 in Crl.R.C. No.508 of 2011.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2016

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.508 of 2011 S.Balakrishnan S/o.Subramaniayan ... Petitioner Vs.

State of Tamil Nadu, represented by Inspector of Police, All Women's Police Station, Cheyyar.

Crime No.2 of 2006 ... Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the judgment of learned Sessions Judge, Tiruvannamalai, Tiruvannamalai District, passed in C.A.No.31 of 2008 on 07.02.2011 confirming the judgment of learned Judicial Magistrate I, Cheyyar, passed in C.C.No.116 of 2006 on 07.07.2008.

For Petitioner :

Mr.S.Balakrishnan, Party-in-Person For Respondent :

Mr.K.Madhan, Government Advocate [Crl.side]

O R D E R

This Court has reserved orders in this revision on 28.01.2016. Thereafter, at the instance of petitioner, the revision was listed on 15.06.2016 under the caption 'for being mentioned'. Upon the request of petitioner, the case was adjourned to 01.11.2016. When the case was listed on 01.11.2016,

both parties sought time towards reporting settlement and the case was adjourned to 04.11.2016. Today, the matter is listed under the caption 'for reporting settlement'.

2. This revision arises against the judgment of learned Sessions Judge, Tiruvannamalai, Tiruvannamalai District, passed in C.A.No.31 of 2008 on 07.02.2011 confirming the judgment of learned Judicial Magistrate I, Cheyyar, passed in C.C.No.116 of 2006 on 07.07.2008. In C.C.No.116 of 2006 on the file of learned Judicial Magistrate I, Cheyyar, the petitioner was tried and convicted for offences u/s.498-A IPC and 4 of Dowry Prohibition Act.

3. Heard the petitioner, party-in-person and learned Government Advocate [Crl.side].

4. It is represented that the dispute between the parties has been settled. A Memorandum of Compromise dated 27.01.2016 signed by both petitioner/husband and de facto complainant/wife has also been filed. It is also submitted that the bank account held jointly by the parties has now been closed.

5. In the light of the compromise entered between the parties and towards avoidance of hardship to the parties and their family members, this Court, aware that the offences of which the petitioner stands convicted are not compoundable, in the particular circumstances of the case, exercises power u/s.482 Cr.P.C.

Accordingly, the Criminal Revision Petition is allowed. The judgment of learned Sessions Judge, Tiruvannamalai, Tiruvannamalai District, passed in C.A.No.31 of 2008 on 07.02.2011 confirming the judgment of learned Judicial Magistrate I, Cheyyar, passed in C.C.No.116 of 2006 on 07.07.2008, is set aside. Petitioner/accused is acquitted of all charges in the case. Bail bond executed by petitioner/accused shall stand cancelled. Fine amount, if any, paid shall be refunded to petitioner/accused. The Memorandum of Compromise dated 27.01.2016 shall form part of the record. *Xerox Copy of Memo of Compromise is attached herein Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gm

To

1. The Sessions Judge, Tiruvannamalai, Tiruvannamalai District.

2. The Judicial Magistrate I, Cheyyar.

3. Do Through the Chief Judicial Magistrate, Tiruvannamalai.

4. The Inspector of Police, All Women's Police Station, Cheyyar.

5. The District Collector, Thiruvannamalai District.

6. The Director General of Police, Chennai 600 004.

7. The Public Prosecutor, High Court, Madras.

Crl.R.C.No.508 of 2011 SS(CO) CA(15/12/2016)