Veerappan v. The Inspector Of Police

BAIL SLIP The Petitioner herein/Accused Viz., Veerappan aged 26, S/o.Ranganthan directed to be released in bail by the order of this Court dated 06.08.2007 and made in M.P.1 of 2007 in Crl.Rc.No.1198 of 2007.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.8.2015 Coram THE HONOURABLE MR. JUSTICE B. RAJENDRAN Criminal Revision Petition No.1198 of 2007 Veerappan ... Petitioner/Accused

Versus

The State rep.by its The Inspector of Police All Women Police Station Chidambaram, Cuddalore District ... Respondent/Complainant (Crime No.14 of 2004) Criminal Revision Petition filed under Section 397 and 401 of Cr.P.C. to call for the records, exercise the revisional Powers and set aside the conviction judgment passed by the Additional District Judge (F.T.C.No.1) Chidambaram, in C.A.No.74 of 2006 dated 25.7.2007 and the judgment dated 24.3.2006 in C.C.No.258 of 2004 passed by the District Munsif cum - Judicial Magistrate, Parangipettai, Cuddalore District.

For Petitioner :

Mr. G.Pugazhenthi For respondent :

Mr.Md.Riyaz Government Advocate

ORDER

The Criminal Revision case has been filed as against the conviction and sentence dated 25.7.2007 passed by the Additional District Judge (F.T.C.No.1) Chidambaram, in C.A.No.74 of 2006 confirming the conviction and judgment dated 24.3.2006 in C.C.No.258 of 2004 Passed by the District Munsif cum Judicial Magistrate, Parangipettai, Cuddalore District.

2. When the matter is taken up today, both the petitioner and the respondent and their respective counsel present.

3. It is submitted by both sides that earlier this Criminal Revision Petition was referred for mediation to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, wherein the matter has been compromised between the petitioner and the defacto complainant.

4. A communication dated 13.2.2013 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 07.1.2013 has been received, wherein it is stated as follows:- " The petitioner is present with his counsel. Defacto complainant / PW1 is also present. The parties have agreed to live together and have filed the Mediation Agreement. The case is settled. It may be sent back to the Hon`ble Court"."

5. The Mediation agreement dated 07.01.2013 signed by the petitioner and the defacto complainant and the learned counsel for the petitioner reads as follows:- "1. The petitioner was convicted by the District Munsif cum Judicial Magistrate, Parangipettai in C.C.No.258 of 2004 by Judgment dated 24.3.2006 and the same was confirmed in Crl.A.No.74 of 2006 dated 16.7.2007 by Additional District Judge/Fast Track Court, Chidambaram. Thereafter, present Crl.RC.No.1198 of 2007 is filed and pending before this Hon`ble Court.

Pending revision both the petitioner and his wife were living together for a period of 3 years and 3 months, when the case was came up for hearing, the case was referred for Mediation, as there is likelihood of settlement.

After Mediation, the petitioner and the P.W.1, Mangaiyarkarasi have decided to live together and to lead the matrimonial life at Petitioners parents house from 14.1.2013. The Sridhana properties including the Two Wheeler and jewels are with the parents of the P.W.1."

6. In view of the above, the conviction and sentence imposed on the petitioner by the courts below are set aside. The Criminal Revision Case is allowed. The surety bond, if any, executed by the petitioner/accused shall stand cancelled. Fine amount, if any, paid

by the petitioner/accused is ordered to be refunded. The terms of agreement and the report of the Mediation Centre shall form part of the order.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar ga To

1. The Additional District Judge (F.T.C.No.1), Chidambaram.

2. The District Munsif cum - Judicial Magistrate, Parangipettai.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.G.Pugazhenthi, Advocate, S.R.No.44352 Crl RC No.1198 of 2007 ALA(CO) CA(25/09/2015)