Madras High Court
G.Baskaran vs State Rep. By Sub-Inspector Of ... on 22 December, 2021
Crl.R.C.No.1249 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2021
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.No.1249 of 2014
G.Baskaran .. Petitioner
Versus
1.State rep. by Sub-Inspector of Police,
AWPS Salem Town.
Crime No.9 of 2012.
2.B.Rajamani .. Respondents
(R2 is impleaded as per the orders
in Crl.R.C.No.1294 of 2014, dated 13.12.2021)
Prayer : Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C.,
to allow the above Criminal Revision and set aside the order of conviction of the
petitioner/appellate/accused passed by the learned I Additional District and
Sessions Judge, Salem in Crl.A.No.137 of 2013, dated 21.08.2014, confirming
the order in C.C.No.114 of 2013, dated 13.11.2013 by the learned Judicial
Magistrate, Additional Mahila Court, Salem.
For Petitioner : Mr. Ullasavelan
For R1 : Mr.L.Baskaran
Government Advocate
(Criminal Side)
For R2 : Mr.Senthamizhselvan
Legal Aid Counsel
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1/4
Crl.R.C.No.1249 of 2014
ORDER
This Criminal Revision Case is filed by the petitioner/accused, aggrieved
by the judgment of the Judicial Magistrate, Additional Mahila Court, Salem in
C.C.No.114 of 2013, dated 13.11.2013, convicting him for an offence under
Section 498-A of Indian Penal Code and imposing a sentence of one year
Rigorous Imprisonment and fine of Rs.1,000/-, in default, to undergo three
months Simple Imprisonment and the judgment of the learned I Additional
District and Sessions Judge, Salem in Crl.A.No.137 of 2013 dated 21.08.2014,
dismissing the appeal and confirming the conviction and sentence imposed by
the Trial Court.
2. When the matter was taken up for final hearing, the defacto
complainant and the petitioner herein appeared before this Court on repeated
occasions, both virtually and physically and the defacto complainant submitted
her desire that she does not want the petitioner/husband to undergo punishment,
rather wanted to join together. The petitioner/husband, however, submitted that
he is residing with his parents adjancent ot the house to the defacto complainant
and would see his children regularly and also pay a monthly maintenance of
Rs.1,000/- each directly in the bank account of each of the children. To this
effect, both of them had also filed a joint affidavit before this Court.
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Crl.R.C.No.1249 of 2014
3. Since, this matter pertains to a conflict between the husband and wife
and in view of the fact that, both of them have reached an amicable settlement,
this Revision Case is allowed. The judgment of the learned Judicial Magistrate,
Additional Mahila Court, Salem in C.C.No.114 of 2013, dated 13.11.2013 and
the judgment of the learned I Additional District and Sessions Judge, Salem in
Crl.A.No.137 of 2013, dated 21.08.2014 are set aside and the petitioner is
acquitted of the charge. However, he shall abide by the undertaking given by
him before this Court by paying monthly maintenance of Rs.1,000/- each to
three of his children and also take care of them both emotionally and giving
support in their future endeavours of education, marriage etc.
4. With this observation, the present Criminal Revision Case is allowed.
22.12.2021
Index : yes/no
Speaking order
grs
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Crl.R.C.No.1249 of 2014
D.BHARATHA CHAKRAVARTHY, J.
grs
To
1.The I Additional District and Sessions Judge, Salem.
2.The Judicial Magistrate, Additional Mahila Court, Salem.
3.The Public Prosecutor,
High Court of Madras.
4.The Sub-Inspector of Police,
AWPS Salem Town.
Crl.R.C.No.1249 of 2014
22.12.2021
https://www.mhc.tn.gov.in/judis
