P.Navaneethan v. Kohila

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.94 of 2015 and M.P.Nos.1 and 2 of 2015 1.P.Navaneethan 2.Meena 3.R.Perumal 4.P.Revathi 5.R.T.Saravana Kumar ... Petitioners/Appellants/ Respondents vs Kohila ... Respondent/Respondent/ Claimant Criminal Revision filed under section 397 r/w 401 of the Code of Criminal Procedure, against the order passed by the learned III Additional Sessions Judge, City Civil Court in C.A.No.253 of 2014 dated 22.12.2014, confirming the order passed by XXIII Metropolitan Magistrate, Saidapet in M.C.No.20 of 2014 dated 03.09.2014.

(Prayer amended as per the order of this Court made in M.P.No.1 of 2015 and Crl.R.C.No.94 of 2015 dated 27.03.2015 by SMKJ) For Petitioners:

Mr.C.K.M.Appaji For Respondent :

Mr.J.Suresh

O R D E R

This revision arises against the judgment of learned III Additional Sessions Judge, City Civil Court passed in C.A.No.253 of 2014 on 22.12.2014, confirming the order of learned XXIII Metropolitan Magistrate, Saidapet, passed in M.C.No.20 of 2014 on 03.09.2014.

2.The first petitioner and respondent are husband and wife. The respondent preferred action in M.C.No.20 of 2014 on the file

of XXIII Metropolitan Magistrate, Saidapet. Therein she was granted certain reliefs under order dated 03.06.2009. Petitioners preferred C.A.No.253 of 2014 on the file of III Additional Sessions Judge, City Civil Court, Chennai, which came to be dismissed on 22.12.2014. They have preferred the present revision against such order of dismissal.

3.Presently a memorandum of compromise dated 27.01.2016, has been filed before this Court. The same is signed by the first petitioner, on behalf of other petitioners as also on his own behalf and the respondent. Besides being notarized, the same has been signed by counsel on either side.

4.The memorandum of compromise informs of an amicable compromise between the parties and the intention of the first petitioner and respondent to seek divorce by mutual consent and further that criminal proceedings pending against the petitioners shall also be brought to an end. The memorandum of compromise further informs that sums have been paid by the first petitioner to the respondent and also their daughter and return of articles/properties belonging to the respondent. In effect, memo of compromise informs that the dispute between the petitioners and respondent are given a quietus. 5.In such circumstances, this Court is inclined to accept the memorandum of compromise and in keeping therewith Criminal Revision shall stand allowed with effect of orders of Court below pertaining to M.C.No.20 of 2014 standing quashed.

The memorandum of compromise shall form part of the record. Consequently, connected Miscellaneous Petitions are closed. Xerox copy of Memorandum of Compromise is attached. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sj To 1.The III Additional Sessions Judge, City Civil Court, Chennai.

2.Do Thro - The Principal Sessions Judge, Chennai. 3.The XXIII Metropolitan Magistrate, Saidapet, Chennai.

4.The Chief Judicial Magistrate Chennai.

+3 ccs to Mr.C.K.M.Appaji, Advocate, sr.23717 Crl.R.C.No.94 of 2015 pvr co kra 29.04.2016