Mr.Kumaravelu, Aged 35 Years, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN CRL.R.C.NO.487 OF 2017 AND CRL.M.P.NO.4358 OF 2017 1.Kumaravelu 2.Subramanian 3.Selvamani ... Petitioners/Accused 1 to 3 Vs.

1. The State represented by, The Sub-Inspector of Police, All Women Police, Sirkali, Sirkali, Nagapattinam District.

...1st Respondent/ Complainant

2. R.Banupriya ... 2nd Respondent/ defacto complainant (R2 Impleaded as per order in CRL.MP.7687/2017 in CRL.RC.487/2017 dated 13.08.2021.) PRAYER:

This Criminal Revision Case has been filed under Section 397 and 401 of Cr.P.C., to call for and examine records pending on the file of the learned Judicial Magistrate at Sirkali and to set aside the order dated 31.01.2017 passed in Crl.M.P.No.4386 of 2016 in C.C.No.14 of 2016 and discharge the petitioners/accused 1 to 3 in C.C.No.14 of 2016, pending on the file of the learned Judicial Magistrate at Sirkali. For Petitioner : Mr.R.Balachanderan For Respondent No.1 : Mr.R.Vinoth Raja (Government Advocate) For R2 : Mr.R.Sudhakar

O R D E R

The defacto complainant/Banupriya, has appeared through video conference before this Court and affidavit of compromise was filed by her.

2.The husband of the defacto complainant/first accused viz., Kumaravelu, has appeared before this Court through video conference from the office of the learned counsel for the revision petitioner. Affidavit of compromise has also been filed by him.

3.While interacting with both the husband and wife, they said that an amicable settlement has been arrived between themselves and an amount of Rs.6,00,000/- has also been credited to the account of the wife/defacto complainant viz.,Banupriya through Demand Draft and she has withdrawn all the allegations against her husband and she has also filed a petition for mutual divorce in HMOP.No.128 of 2019, which is pending before the Sub Court, Mayiladuthurai. Further, they undertake to file necessary petition for converting HMOP for divorce on mutual ground and also agree to withdraw the suit in O.S.No.135 of 2016, on the file of the Sub Court, Mayiladuthurai.

4.Taking note of the fact that both the husband and wife put dispute at rest and to start life afresh in respectively by exercising powers conferred upon this Court, the affidavit of Compromise has been filed by both the parties and they have appeared before this Court through video conference is taken on file.

5.Accordingly, this Criminal Revision Case stands allowed and Crl.M.P.No.4358 of 2017 stands allowed and consequently, all the three petitioners are discharged from C.C.No.14 of 2016, on the file of the learned Judicial Magistrate, Sirkali. Both the parties are directed to abide by terms and conditions as per the compromise. On the filing of the mutual consent petition by the respective parties, the learned Subordinate Judge, Mayiladuthurai, shall expedite and pass necessary orders in the mutual consent petition in accordance with law. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar dua

To

1. The Judicial Magistrate at Sirkali.

2. The Subordinate Judge, Mayiladuthurai.

3. The Sub-Inspector of Police, All Women Police, Sirkali, Sirkali, Nagapattinam District.

4. The Chief Judicial Magistrate, Nagapattinam.

5. The Public Prosecutor, High Court, Madras.

Crl.R.C.No.487 of 2017 EV(CO) PM/21/12/2021