Madras High CourtCRL RC/86/2018dismissed as settled out of court

G.Komala, Aged 39 Years, v. G.Sharath Chandar,

2020-12-11Honourable Mr Justice G. Chandrasekharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.12.2020 CORAM :

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl. R.C.No.86 of 2018 G.Komala

...Petitioner

.Vs.

G.Sharath Chandar ...Respondent Prayer: The Criminal Revision petition is filed under Section 397 and 401 of Cr.P.C to set aside the order in M.C. No.35 of 2012 on the file of the Judicial Magistrate, Tambaram, which was dismissed for non-prosecution on 14.03.2017 and restore the case on file.

For Petitioner: Mr. C.K.M. Appaji For Respondent: Mr. R.Ganesh Kumar

ORDER

It is represented by the counsel for both the parties that the dispute between the parties had seen settled through mediation. In terms of settlement, the divorce petition filed by the respondent was withdrawn and the petition for restitution of conjugal rights filed by the petitioner was also withdrawn. Now that the parties have filed the petition for divorce by mutual consent and in terms of the settlement, a sum of Rs.1,50,000/- was already paid to the petitioner and the balance sum of Rs.1,75,000/- remain to be paid. It is also submitted that as per clause 4 of the terms of the settlement, this Criminal Revision Petition is to be withdrawn by the petitioner. The mediation report in file No.66 of 2020 dated 15.10.2020 has also been filed.

2. It is seen from the Mediation report that among other things, the petitioner agreed to withdraw the proceedings in Crl.RC.No.86 of 2017 against the dismissal order in M.C.No.35 of 2012, pending before this Court, before leading evidence in the mutual consent divorce petition.

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3.. The learned counsel for the petitioner prays to pass order in terms of joint Memo of Compromise entered into between the petitioner and the respondent on 28.02.2020. In view of the settlement arrived between the parties, this Criminal Revision Petition is dismissed as settled in Mediation.

4. Accordingly, this Criminal Revision Petition is dismissed as settled in mediation.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To The Judicial Magistrate, Tambaram Crl. R.C.No.86 of 2018 rr ii (29/12/2020) https://hcservices.ecourts.gov.in/hcservices/