Vadivel v. Vasuki

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2026

CORAM

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) NO. 6998 of 2026 in CRL RC(MD) NO. 585 of 2026 Vadivel ... Petitioner Vs.

Vasuki ... Respondent Prayer : This Criminal Miscellaneous Petition is filed under Section 438 of BNSS To Suspend the Sentence imposed in Crl.A.No.106 of 2025 Judgement dated 06.03.2026 on the file of the Sessions Judge(FTMC), Karur confirming the conviction and sentence imposed in S.T.C.No.98 of 2024 by Judgment dated 03.04.2025 on the file of Learned Judicial Magistrate No.II, Kulithalai. For Petitioner : Mr.A.N.Ramanathan

ORDER

This Criminal Miscellaneous Petition has been filed to Suspend the Sentence imposed on the petitioner in C.A.No.106 of 2025 on the file of the 1/5

Sessions Judge(FTMC), Karur, dated 06.03.2026, confirming the judgment of conviction and sentence made in S.T.C.No.98 of 2024 on the file of the Learned Judicial Magistrate No.II, Kulithalai, dated 03.04.2025, pending disposal of the criminal revision petition.

2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 03.04.2025 for the offence under Section 31 of Domestic Violence Act, and the trial Court sentenced him to undergo one year simple imprisonment and to pay a arrears of maintenance amount of Rs.6,13,000/- (Rupees Six Lakhs thirteen thousand only) as compensation to the respondent, sentence from the date of dishonor, in S.T.C.No.98 of 2024 on the file of the Learned Judicial Magistrate No.II, Kulithalai.

3. The learned Sessions Judge(FTMC), Karur, confirmed the conviction and sentence, and dismissed the C.A.No.106 of 2025, dated 06.03.2026. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

4. The learned counsel for the petitioner submitted that there are several infirmities in the case, and also there are contradictions in material particulars between the evidence of the witnesses. Further, he submitted 2/5

that the petitioner has deposited the compensation amount (i.e., Rs. 4,00,000/- [Rupees Four Lakh only]).

5. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

6. The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision is not likely to be taken up for final hearing in the near future and as such, and also considering the bonafide expressed by the petitioner, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

7. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions :

1. The petitioner shall execute a bond for a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kulithalai;

2.

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(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

and (iii) The petitioner shall appear before the learned Judicial Magistrate No.II, Kulithalai, on all working days at 10.30 a.m., until further orders.

30.04.2026 Sml Note: Issue Order copy on 08.05.2026 To

1. The Judicial Magistrate No.II, Kulithalai.

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L.VICTORIA GOWRI, J., Sml Crl. MP(MD)No.6998 of 2026 in CRL RC(MD)No.585 of 2026 30.04.2026 5/5