Kathirvel, S/O.Late.Sevathan v. K.C.Saraswathi, D/O.Chinnaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2020

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN Crl RC.No.480 of 2014 and M.P. No. 2 of 2014 Kathirvel K. Kullathirampatti Village Pennagaram Taluk, Dharmapuri District ...Petitioner Vs.

1. K.C. Saraswathi

2. Minor Gowtham

3. Minor Maheswaran 2 & 3 represented by their mother, The first respondent, all residing at Madhammal House 50/87 Pennagaram Road Kumarasamypettai, Dharmapuri Town Dharmapuri District.

...Respondents

Prayer:

Criminal Revision filed under Section 401 read with 397 of the Criminal Procedure Code praying to set aside the order dated 30.09.2013 in Crl. M.P. No.297 of 2012 in M.C.No.24 of 2008 on the file of the Chief Judicial Magistrate, Dharmapuri. For Petitioner : Mr. R. Selvakumar For Respondents : Mr. V. Rajamohan

ORDER

Both counsel present and heard.

2. It is represented by the petitioner's counsel that the criminal revision has been preferred against the impugned order passed by the lower court directing his incarceration for a period of 6 months on his failure to pay a maintenance amount of https://hcservices.ecourts.gov.in/hcservices/

Rs.1,75,500/-.

3. It is represented by the petitioner's counsel that this court has granted an interim stay of the impugned order on conditions and the petitioner was unable to comply with the abovesaid conditions and further it is stated that the petitioner has already undergone the sentence of imprisonment ordered by the Court below and therefore, according to the petitioner's counsel, the Criminal Revision Petition has become infructuous and prays that the same may be dismissed as infructuous by this Court and the petitioner's counsel also undertakes to file a memo to that effect.

4. The above facts stated by the petitioner's counsel is not refuted by the respondent's counsel.

5. In the light for the abovesaid position, it is found that the Criminal Revision Petition has become infructuous and the petitioner's counsel is directed to file a memo to that effect immediately. Accordingly, the Criminal Revision Petition is dismissed as infructuous.

Consequently, connected miscellaneous petition is closed.

*Xerox copy of the Memo of Compromise Enclosed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar bga Copy to 1.The Chief Judicial Magistrate, Dharmapuri.

2.The Section officer, V.R. Section, High Court, Madras.

Crl RC.No.480 of 2014 MP(CO) CB(29/09/2020) https://hcservices.ecourts.gov.in/hcservices/