M.Ramesh v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SESHASAYEE CRIMINAL REVISION CASE NO.470 OF 2020 AND CRL.M.P.NOS.3767, 3768 & 3769 OF 2020 M.Ramesh ... Petitioner/Accused

Versus

State rep.by The Inspector of Police, W-18, All Women Police Station, M.K.B.Nagar, Chennai.

Crime No.08/2010.

... Respondent Prayer Criminal Revision Case filed under Sections 397 r/w 401 of Criminal Procedure Code, to set aside and call for the records pertaining the order dated 10.02.2020 in C.A.No.177 of 2019 on the file of the XV Additional Sessions Judge, Chennai confirmed the order dated 26.03.2010 in C.C.No.5177 of 2010, on the file of the Chief Metropolitan Magistrate, Egmore, Chennai, in respect of offences under Section 498-A and 4 of Dowry Prohibition Act.

For Petitioner :

Mr.P.Parthipan For De facto complainant :

Mr.Srinivasan For Respondent :

Lenard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This matter arises out of offences under Sections 498A and 506(ii) of IPC and Section 4 of Dowry Prohibition Act, 1961.

2. The Revision Petitioner herein is the husband of the defacto complainant and he was convicted and sentenced by the

trial Court for a period of one year rigorous imprisonment for each of the aforesaid offences and was directed to undergo the same concurrently. In appeal in C.A.No.177 of 2019, both the conviction and sentence imposed by the Trial Court in respect of the offence under Sections 498(A) IPC and 4 of Dowry Prohibition Act came to be confirmed, however, the conviction and sentence passed in respect of the offence under Section 506(ii) IPC was set aside. Challenging the same, the present revision case has been filed.

3. Today, both revision petitioner as well as the de-facto complainant are present before this Court and they were identified by their respective counsels. Both made a joint statement that they have resolved the dispute that led to the registration of the complaint. Since the matter arises out of family dispute and the parties have decided to resolve the dispute, this Court deems it appropriate to acknowledge the same that the offences are compoundable. A Memorandum of Joint Compromise is filed and the same is recorded. The offence is thus held compounded and the revision petitioner is discharged from all the charges against him.

4.Accordingly, this Criminal Revision Case is disposed of in terms of compromise memo and the compromise memo shall form part of the order. Consequently, connected miscellaneous petitions are closed.

* Herein Enclosed the Xerox Copy of the Memo of Compromise. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ms/nsa To

1. The XV Additional Sessions Judge, Chennai.

2. -do- through The Principal Sessions Judge, Chennai.

3. The Chief Metropolitan Magistrate, Egmore, Chennai.

4. The Inspector of Police, W-18, All Women Police Station, M.K.B.Nagar, Chennai.

5. The Public Prosecutor, High Court, Madras.

Copy To The Section Officer, Criminal Section, High Court, Madras.

+2ccs to Mr.G.Ashok Kumar, Advocate, S.R.No.11645 Crl.R.C.No.470 of 2020 and Crl.M.P.Nos.3767, 3768 & 3769 of 2020 GMR(CO) RLP(22/03/2022)