V.S. Syed Ahamed Kabeer v. Subaitha Beevi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2017

CORAM

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED CRL.R.C.(MD).No.550 of 2015 & CRL.R.C.(MD)No.20 of 2016 and M.P.(MD)No.1 of 2015 & CRL.M.P.(MD)No.419 of 2016 CRL.R.C.(MD)No.550 of 2015 V.S.Syed Ahamed Kabeer ..Petitioner/Respondent Vs.

1. Subaitha Beevi

2. Minor.Barshana Beham

3. Minor.S.Abdul Rahman (Minor respondents 2 & 3 are represented through their mother and next friend 1st respondent Subaitha Beevi) .. Respondents/Petitioners PRAYER : Criminal Revision filed under Section 397 & 401 of Cr.P.C., to call for the records relating to the order, dated 28.10.2015 made in M.C.No.43 of 2015 on the file of the Family Court, Tirunelveli and to set aside the same. CRL.R.C.(MD)No.20 of 2016

1. Subaitha Beevi

2. Minor.Barshana Beham

3. Minor.S.Abdul Rahman (Minors are represented by their mother/guardian the 1st petitioner) .. Petitioners/Respondents Vs.

V.S.Syed Ahamed Kabeer .. Respondent/Petitioner

PRAYER : Criminal Revision filed under Section 397 r/w 401 of Cr.P.C., to set aside the Judgment passed in M.C.No.43 of 2015 on the file of the Family Court, Tirunelveli, dated 28.10.2015. CRL.R.C.(MD)No.550 of 2015 For Petitioner : Mr.S.P.Maharajan For Respondents : Mr.M.P.Senthil CRL.R.C.(MD)No.20 of 2016 For Petitioners : Mr.M.P.Senthil For Respondent : Mr.S.P.Maharajan *** C O M M O N J U D G M E N T These Criminal Revision petitions have been filed against the Judgment passed in M.C.No.43 of 2015 on the file of the Family Court, Tirunelveli, dated 28.10.2015.

2. The learned counsel on either side are present and heard.

3. Both the parties are present before this Court. The first respondent/wife has produced Aadhaar Card No.8207 3262 3156 and the second respondent/ daughter who is now aged about 20 years, has produced her Aadhaar Card No.3332 6562 0991 and the third respondent/minor son also produced his Aadhaar Card No.7710 5349 3840 for the identity. The petitioner/husband has also produced his driving licence No.TN722000000637, dated 24.10.2000, which is valid up to 06.04.2020.

4. Both the cases were referred to mediation and the matter was also settled by way of mutual agreement. Both the parties agreed to settle the matter in terms of Mediation. Compromise memo has also been filed on the basis of the Mediation Report. The amounts as agreed in the Mediation Agreement are given by the husband by way of separate Demand Drafts and the said Demand Drafts are received by wife for herself and guardian/mother of the minor son and also by the daughter who attained majority now. In view of the terms of Mediation Agreement and also the Compromise Memo filed by both sides, the orders passed by the learned Judge of the Family Court, Tirunelveli, vide in its Judgment, dated 28.10.2015 in M.C.No.43 of 2015, is set aside. Hence, Crl.R.C. (MD)No.550 of 2015 and Crl.R.C.(MD)No.20 of 2016 are ordered in terms of the Mediation Agreement and compromise memo entered between the parties. Mediation Agreement and the Compromise Memo

form part of the records in both Criminal Revisions. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Family Court Judge, Tirunelveli.

Family Court , Tirunelveli.

+1cc to Mr.M.P.Senthil, Advocate Sr.No.54279 +1cc to Mr.S.P.Maharajan, Advocate Sr.No.54178 PMU VB/RSK/SAR2/12.06.2017/3P/4C ORDER MADE IN CRL.R.C.(MD).No.550 of 2015 & CRL.R.C.(MD)No.20 of 2016 and M.P.(MD)No.1 of 2015 & CRL.M.P.(MD)No.419 of 2016 26.04.2017