G.Baskaran v. The Sub Inspector Of Police
BAIL SLIP The Appellant/Accused namely G.Baskaran, S/o.Govindaraj was directed to be released on bail in and by the order of this Court dated 04.12.2014 and made in Crl.Mp.No.2/2014 in Crl.Rc.No.1249/2014 on the file of this court.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2021 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL.R.C.NO.1249 OF 2014 G.Baskaran .. Petitioner
Versus
1. State rep. by Sub-Inspector of Police, AWPS Salem Town.
Crime No.9 of 2012.
2. B.Rajamani .. Respondents (R2 is impleaded as per the orders in Crl.R.C.No.1249 of 2014, dated 13.12.2021) Prayer :
Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to allow the above Criminal Revision and set aside the order of conviction of the petitioner/appellate/accused passed by the learned I Additional District and Sessions Judge, Salem in Crl.A.No.137 of 2013, dated 21.08.2014, confirming the order in C.C.No.114 of 2013, dated 13.11.2013 by the learned Judicial Magistrate, Additional Mahila Court, Salem.
For Petitioner : Mr. Ullasavelan-No Appearance For R1 : Mr.L.Baskaran Government Advocate (Criminal Side) For R2 : Mr.Senthamizhselvan Legal Aid Counsel
ORDER
This Criminal Revision Case is filed by the petitioner/accused, aggrieved by the judgment of the Judicial Magistrate, Additional Mahila Court, Salem in C.C.No.114 of 2013, dated 13.11.2013, convicting him for an offence under Section 498-A of Indian Penal Code and imposing a sentence of one year Rigorous Imprisonment and fine of Rs.1,000/-, in default, to undergo three months Simple Imprisonment and the judgment of the learned I Additional District and Sessions Judge, Salem in Crl.A.No.137 of 2013 dated 21.08.2014, dismissing the appeal and confirming the conviction and sentence imposed by the Trial Court.
2. When the matter was taken up for final hearing, the defacto complainant and the petitioner herein appeared before this Court on repeated occasions, both virtually and physically and the defacto complainant submitted her desire that she does not want the petitioner/husband to undergo punishment, rather wanted to join together. The petitioner/husband, however, submitted that he is residing with his parents adjancent ot the house to the defacto complainant and would see his children regularly and also pay a monthly maintenance of Rs.1,000/- each directly in the bank account of each of the children. To this effect, both of them had also filed a joint affidavit before this Court.
3. Since, this matter pertains to a conflict between the husband and wife and in view of the fact that, both of them have reached an amicable settlement, this Revision Case is allowed. The judgment of the learned Judicial Magistrate, Additional Mahila Court, Salem in C.C.No.114 of 2013, dated 13.11.2013 and the judgment of the learned I Additional District and Sessions Judge, Salem in Crl.A.No.137 of 2013, dated 21.08.2014 are set aside and the petitioner is acquitted of the charge. However, he shall abide by the undertaking given by him before this Court by paying monthly maintenance of Rs.1,000/- each to three of his children and also take care of them both emotionally and giving support in their future endeavours of education, marriage etc.
4. With this observation, the present Criminal Revision Case is allowed.
Sd/- Assistant Registrar //True Copy// grs Sub Assistant Registrar
To
1. The I Additional District and Sessions Judge, Salem.
2. The Judicial Magistrate, Additional Mahila Court, Salem.
3. The Chief Judicial Magistrate, Salem.
4. The Public Prosecutor, High Court of Madras.
5. The Sub-Inspector of Police, AWPS Salem Town.
(Crime No 9 of 2012)
6. The Superintendent Central Prison, Salem.
Copy To The Section Officer, Criminal Section, High Court, Madras.
+1cc to Mr. Ullasavelan, Advocate, S.R.No.69108 Crl.R.C.No.1249 of 2014 KSM(CO) PM/10/01/2022