Senthil Ragavan v. Sujatha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.09.2023

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.RC.No.984 of 2019 and Crl.M.P.No.13843 of 2019 Senthil Ragavan

...Petitioner

-VsSujatha

...Respondent

Prayer - Criminal Revision Case filed under Section 397 read with 401 of Cr.P.C., to call for the records in Judgment made in Crl.A.No.06/2017 dated 04.06.2019 passed by Principal District and Sessions Court, Tiruvannamalai confirming the order passed by Judicial Magistrate No.1, Tiruvannamalai, dated 12.06.2017 made in Crl.M.P.No.1712 of 2017 in S.T.C.No.422 of 2013 and set aside the same.

For Petitioner : Mr.S.Surya for M/s.A.S.Kailasam and Associates For Respondent : Mr.K.Maheshwaran

ORDER

When the case came up for hearing on 15.09.2023, the learned Judicial Magistrate No.I, Tiruvannamalai was directed to permit the Husband/Respondent in Domestic Violence Case No.21/2020 to deposit the amount along with outstanding dues and report the same to this Court by 27.09.2023. The case was directed to be posted today, 27.09.2023, as 1/4

specially mentioned case. The learned Counsel for Revision Petitioner/Husband filed a memo stating that as per the order of this Court dated 15.09.2023, the amount of Rs.6,20,000/- (Rupees Six Lakhs and Twenty Thousand only) was deposited in favour of learned Judicial Magistrate No.I, Tiruvannamalai in S.T.C.No.422 of 2013, now renumbered as D.V.C.No.21/2020. Also, he had stated that D.V.C.No.21/2020 was disposed off on 15.09.2023 by the learned Judicial Magistrate No.I, Tiruvannamalai.

2. The learned Judicial Magistrate No.I, Tiruvannamalai in his report bearing D.No.1289/2023, dated 19.09.2023 stated as follows: "The D.V.C.No.21/2020 was dismissed by order dated 15.09.2023 by i) granting protection under section 18 of the Domestic Violence Act, prohibiting the respondents, their relatives, their friends or anyone claiming through them from committing any kind of Domestic Violence towards the petitioner/wife.

ii) granting residence order under section 19 restraining the respondents/relatives, their friends or anyone claiming through them from dispossessing of removing the petitioner from her shared household if she prefers to live in her share household, in case of impossibility for the petitioner to live at the shared household , direct the 1st respondent to arrange alternate accommodation for the petitioner in any rented house on par with the facilities available at the share household by paying rent. iii) Dismissing the prayer for compensation order, 2/4

maintenance order and order for return Stridhan property. iv) Duty casted on Protection Officer to implement the order, also order passed in Crl.M.P.No.3015 of 2014 and Crl.M.P.No.3016 of 2014 for handing over of materials/cloths/articles by the 1st respondent to the petitioner u/s.9(2) of Domestic Violence Act and if necessary jurisdictional police aid can be restored by the Police Officer by enforcing the order.''

3. The Domestic Violence Case was dismissed regarding the monetary relief.

4.In the light of the report of the learned Judicial Magistrate No.I, Tiruvannamalai and the memo filed by the learned Counsel for the Revision Petitioner, this Criminal Revision Case is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

5. The Respondent in this Criminal Revision Case/Petitioner in Domestic Violence Case is at liberty to withdraw the amount available in the credit of S.T.C.No.422 of 2013, now renumbered as D.V.C.No.21/2020 on the file of the learned Judicial Magistrate No.I, Tiruvannamalai. 27.09.2023 gvn/shl Index : Yes/No Speaking/Non-speaking order 3/4

SATHI KUMAR SUKUMARA KURUP, J., gvn/shl To

1. The Principal District and Sessions Court, Tiruvannamalai

2. The Judicial Magistrate No.I, Tiruvannamalai and Crl.M.P.No.13843 of 2019 27.09.2023 4/4