V.Mohankumar vs M.Ramya
2022 Latest Caselaw 14516 Mad

                                                                                Crl.A.No.318 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 16.08.2022

                                                             CORAM:

                                  THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN

                                              Criminal Appeal No.318 of 2018

                     V.Mohankumar                                                    .. Appellant
                                                          /versus/

                     M.Ramya                                                        .. Respondent


                                    Criminal Appeal has been filed under Section 341 of Criminal
                     Procedure Code praying to set aside the order in M.J.C.No.1 of 2017
                     dated 08.02.2018, on the file of the Principal Family Court, Coimbatore.


                                             For Appellant       : Mr.C.Veerarahavan

                                             For Respondent      : Mr.A.Suresh Sakthi Murugan

                                                       JUDGMENT

The appeal is filed against the order passed by the Court below

dismissing the petition filed under Section 340 of Cr.P.C. Alleging that

the respondent herein has filed a false affidavit before the Court and

adduced false evidence.

Page 1/5 https://www.mhc.tn.gov.in/judis Crl.A.No.318 of 2018

2. However the trial Court has found that it is not a case where

the Court can exercise its power under Section 340 of Cr.P.C., to initiate

prosecution. Aggrieved by that, the present appeal is filed.

3. Today, it is reported pending appeal that the appellant and

the respondent have entered into compromise in the proceedings pending

in M.C.No.66 of 2015 and in which the alleged false evidence made by

the respondent.

4. In view of the compromise entered between the parties as

per the terms and conditions of the compromise dated 16.08.2022 signed

by both the parties and their counsels, it appears that the parties have

arrived at a settlement in respect of the divorce petition, maintenance

case and the civil Suit initiated by them and the custody of the child shall

be vested with the respondent. For the purpose of deciding this criminal

appeal, which is against the order passed by the Principal Family Court

in the application filed under Section 340 of Cr.P.C.. It is suffice to

record the compromise and dispose the same as both the parties are

Page 2/5 https://www.mhc.tn.gov.in/judis Crl.A.No.318 of 2018

present.

5. In the result, the Criminal Appeal is disposed of. The terms

of Memo of Compromise shall form part and parcel of this judgment.

16.08.2022

Index : yes/no Internet:yes/no Speaking order/ Non speaking order rpl

To

The Principal Family Court, Coimbatore.

Page 3/5 https://www.mhc.tn.gov.in/judis Crl.A.No.318 of 2018

Dr.G.JAYACHANDRAN,J.

rpl

Crl.A.No.318 of 2018

16.08.2022

Page 4/5 https://www.mhc.tn.gov.in/judis Crl.A.No.318 of 2018

Page 5/5 https://www.mhc.tn.gov.in/judis