Madras High Court
Gunasekaran vs Kalaiselvi on 23 August, 2021
Crl.R.C.No.309 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
Crl.R.C.No.309 of 2015
1.Gunasekaran
2.Ramalashmi ... Petitioners/Accused
Vs.
Kalaiselvi ... Respondent/Complainant
PRAYER: This Criminal Revision Case has been filed under Section 397
and 401 of Cr.P.C., against the judgment passed in C.A.No.123 of 2014,
by the learned XVIII Additional City Civil Court, Madras, dated
15.12.2014, for confirming the judgment passed in C.C.No.1470 of 2012
by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai – 15,
dated 21.04.2014, for convicting the first revision petitioner herein for
the offence under Section 494 of IPC and sentencing him to undergo
rigorous imprisonment for one year and Rs.10,000/- fine and convicting
the second revision petitioner herein for the offence under Section 494 of
IPC read with Section 109 of IPC and sentencing her to undergo rigorous
imprisonment for one year and Rs.1,000/- fine for among the other
grounds.
For Petitioners : Mr.E.C.Ramesh
For Respondent : Mr.S.Santhosh Kumar
https://www.mhc.tn.gov.in/judis/
1/4
Crl.R.C.No.309 of 2015
ORDER
Crl.R.C.No.921 of 2015 has been filed by the wife/respondent in
Crl.R.C.No.309 of 2015, for enhancement of sentence and the same was
already withdrawn.
2.The present Criminal Revision Case in Crl.R.C.No.309 of 2015
has been filed by the accused persons against the conviction and
sentenced passed by both the Courts below.
3.Heard both the learned counsels and perused the materials placed
on record.
4.The learned counsel for the husband in Crl.R.C.No.309 of 2015
has filed a memo stating that after the order of conviction and sentence
passed by the learned XVIII Additional City Civil Court, Madras and the
learned XVIII Metropolitan Magistrate, Saidapet, Chennai – 15, due to
the intervention of the elders and the middle man, the parties have
entered into compromise and out come of the compromise has to be filed.
In pursuance to the said compromise, parties have filed a divorce petition
in O.P.No.4399 of 2017, before the learned II Additional Family Court at
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.309 of 2015
Chennai, under Section 13(B) of the Hindu Marriages Act for dissolution
of their marriage. Divorce on mutual consent was passed on 30.07.2018.
5.In view of the compromise entered between the parties and also
taking note of the fact that pursuant to the terms of compromise parties
have moved to Family Court and obtained divorce on mutual consent,
this Court is of the considered view that this Criminal Revision can be
closed as infructuous.
6.Accordingly, this Criminal Revision Case stands closed as
infructuous and conviction passed in C.C.No.1470 of 2012 by the
learned XVIII Metropolitan Magistrate, Saidapet, Chennai – 15, dated
21.04.2014 and the same has been modified in C.A.No.123 of 2014, by
the learned XVIII Additional City Civil Court, Madras, dated
15.12.2014, is hereby set aside.
23.08.2021
Index : Yes/No
Internet : Yes/No
dua
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.309 of 2015
RMT.TEEKAA RAMAN, J.
dua
To
1.XVIII Additional City Civil Court, Madras.
2.XVIII Metropolitan Magistrate, Saidapet, Chennai – 15.
Crl.R.C.No.309 of 2015
23.08.2021
https://www.mhc.tn.gov.in/judis/
