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Madras High CourtCRL RC(MD)/36/2011withdrawn dismissed

T. Kabirdoss v. K. Subbu Rayulu

2019-06-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD).Nos.36 and 363 of 2011 Crl.R.C(MD).No.36 of 2011 1.T.Kabirdoss 2.K.Dhanam ... Petitioners Vs., 1.K.Subbu Rayulu 2.K.Chandrasekaran 3.K.Suresh Kumar ... Respondents PRAYER: Petition filed under Section 397 r/w 401 Code of Criminal Procedure, to revise the order of the learned Additional District Judge/Fast Track Court No.I, Madurai made in M.C.No.73 of 2007 dated 21.09.2010 in relation to the quantum of compensation and consequently enhance the same from Rs.2,000/- to Rs.12,000/-. For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.Saravanan (For R1 and R2) for G.Aravindhan No appearance (For R3) Crl.R.C(MD).No.363 of 2011 1.K.Subburayalu 2.K.Chandrasekaran ... Petitioners Vs., 1.T.Kabirdoss 2.K.Dhanam 3.K.Suresh Kumar ... Respondents PRAYER: Petition filed under Section 397(1) and 401 Code of Criminal Procedure, to set aside the order dated 21.09.2010 passed in M.C.No.73 of 2007 on the file of the Additional District Judgecum-Fast Track Court No.I, Madurai by allowing this criminal revision case.

For Petitioner : Mr.G.Aravindhan For Respondents : Mr.Palanivelayutham (For R1 and R2) No appearance (For R3) https://hcservices.ecourts.gov.in/hcservices/

ORDER

T.Kabirdoss and K.Dhanam are the parents of K.Subbu Rayulu, K.Chandrasekaran and K.Suresh Kumar. They filed M.C.No.73 of 2007 on the file of the learned Additional District Judge, Fast Track Court No.I, Madurai. By order dated 21.09.2010 the same was allowed and the sons were directed to pay a sum of Rs.1,000/- (Rupees Thousand only) each to their parents. Thus the parents were awarded a sum of Rs.3,000/- (Rupees Three Thousand only) per month. Seeking enhancement, Crl.R.C.No.36 of 2011 came to be filed by the parents. Questioning the same, Crl.R.C.No.363 of 2011 has been filed by the sons.

2.When the matter was taken up for hearing, the learned counsel appearing for the parents submitted that the issue between the parents and the sons has been resolved and they are residing happily together and therefore, seek leave this Court to withdraw Crl.R.C.No.36 of 2011. It is accordingly dismissed as withdrawn. 3.As far as Crl.R.C(MD).No.363 of 2011 is concerned, the learned counsel for the petitioners seeks time to get further instructions in the matter.

4.I am of the view that the order passed by the Court below does not warrant any interference. It is accordingly confirmed. If the parents are actually maintained by the sons and relationship between them is otherwise good, the order passed by the Court below would not be enforced by the parents. Therefore, I am of the view that the order passed by the Court below deserves to be confirmed. Hence, Crl.R.C(MD).No.363 of 2011 is accordingly dismissed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To The Additional District Judge/Fast Track Court No.I, Madurai.

rmk Crl.R.C(MD).Nos.36 and 363 of 2011 14.06.2019 KM/(05.07.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/