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Madras High CourtCRL RC(MD)/309/2017disposed of

Sagar Banu v. Kabila Banu

2019-06-17Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2019

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.R.C(MD)No.309 of 2017 1.Sagar Banu 2.Saythe Banu 3.Bairosa Banu 4.Mahraj 5.Sahul Hameed : Revision Petitioners/ Petitioners/A2 to A6 Vs.

Kabila Banu : Respondent/Respondent/ Complainant Prayer: Criminal Revision Petition has been filed under Sections 397 r/w 401 of Criminal Procedure Code, against the judgment of the Sessions Judge, Sivagangai, passed in C.A.No.57 of 2015, dated 15.02.2017, confirming the judgment of the District Munsif-cum-Judicial Magistrate, Ilayankudi, passed in CC No.1 of 2011, dated 13.10.2015.

For Revision Petitioner : Mr.M.Kannan For Respondent : Mr.V.Thirumal

J U D G M E N T

This criminal revision is directed against the judgment of the Sessions Judge, Sivagangai, passed in C.A.No.57 of 2015, dated 15.02.2017, confirming the judgment of the District Munsif-cumJudicial Magistrate, Ilayankudi, passed in CC No.1 of 2011, dated 13.10.2015.

2.It is seen from the records that the revision petitioners/A2 to A6 along with A1 were convicted by the trial court for the offence under Section 31 of Domestic Violence Act, 2005 and sentenced them to undergo RI for six months each and to pay a fine of Rs.10,000/- each, in default to undergo further period of SI for two months each for the said offence. Feeling aggrieved by the said judgment, appeal was preferred by the revision petitioners/A2 to A6 in C.A No.57 of 2015 before the Sessions Judge, Sivagangai, which was also confirmed by the first appellate court. Challenging the judgments of the courts below, the present criminal revision has been filed by the petitioners/A2 to A6.

3.When the matter came up for hearing on 18.02.2019 at the request of both sides, this matter has been referred to the Mediation and Conciliation Centre, attached to this Bench to explore the possibility of settlement. On 28.03.2019, the revision petitioners/A2 to A6 and the respondent/de-facto complainant along with their counsel appeared in person before the Mediation Centre and they settled the dispute between them.

4.The settlement agreement, dated 28.03.2019 reads as follows:- "(i).The petitioners have agreed to pay full and final settlement amount of Rs.6,10,000/- to the respondent;

(ii)The respondent has accepted the above terms and received the said amount and acknowledge the same before the Mediation.

(iii)Both the parties agreed that there shall be no claims against each other in further in this regard (In C.C.No.1/2011.

5.Keeping in view of the above fact and now, the matter has been amicably settled between the parties before the Mediation and Conciliation Centre, attached to this Bench, the parties are allowed to compound the offence and the revision petitioners/A2 to A6 be acquitted from the charges under which he was convicted. 6.The revision petition is accordingly disposed of in terms of the settlement arrived at between the parties. The settlement agreement entered by the parties before the Mediation and Conciliation, attached to this Bench, dated 28.03.2019 shall form part of the order.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) Er To, 1.The Sessions Judge, Sivagangai .

2.The District Munsif-cum-Judicial Magistrate, Ilayangudi.

3.The Chief Judicial Magistrate, Sivagangai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.M.KANNAN, Advocate SR-69555.

+1 CC to Mr.V.THIRUMAL, Advocate SR-69898.

Judgment made in Crl.R.C(MD)No.309 of 2017 17.06.2019 CS: (28/06/2019) 3P 8C