P.Aruchamy vs Selvakumari
2022 Latest Caselaw 17264 Mad

                                                                          Crl.R.C.No.937 of 2013

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 03.11.2022

                                                      CORAM:

                                  THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN

                                             Crl.R.C.No.937 of 2013 and
                                              M.P.Nos.1 and 2 of 2013


                     P.Aruchamy                                      ... Petitioner

                                                     Vs.

                     1.Selvakumari

                     2.The State rep. by
                       Public Prosecutor,
                       Coimbatore.                                   ... Respondents


                     Prayer: Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C.
                     against the judgment passed in C.A. No.66 of 2012 dated 15.11.2012
                     on the file of the IV Additional District and Sessions Court, Coimbatore
                     in confirming the judgment passed in C.C. No.303 of 2005 dated
                     10.02.2012 on the file of Judicial Magistrate VII, Coimbatore.


                                    For Petitioner   : Mr.T.Balaji

                                    For Respondents : No appearance for R1

                                                      Mr.N.S.Suganthan,
                                                      Government Advocate (Crl.Side)




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                               Crl.R.C.No.937 of 2013


                                                          ORDER

The petitioner herein, being aggrieved by the concurrent findings

of the Courts below holding him guilty for offence under Section 494 of

I.P.C., has preferred this revision.

2.Without adverting to the merits of the case and the journey of

this litigation, it is suffice to note that pending revision, the

complainant Selvakumari and the petitioner Aruchamy have entered

into a Memorandum of Understanding on 27.08.2017 and agreed to

withdraw the pending litigations against each other and give consent

for divorce and the permanent alimony of Rs.3,00,000/- and an

immovable property in favour of the complainant.

3.Pursuant to the said Memorandum of Understanding, in

H.M.O.P. No.323 of 2003, a consent decree for dissolution of marriage

under Sections 13(1)(i-a) and 13(1)(i-b) of Hindu Marriage Act was

ordered on 09.10.2017 and the C.M.P. No.427 of 2013 in Maintenance

Case in M.C. No.107 of 2003 pending on the file of Additional Family

Court, Coimbatore was terminated on 18.09.2017 and also the joint

https://www.mhc.tn.gov.in/judis Crl.R.C.No.937 of 2013

memo of compromise, pursuant to which payment of Rs.3,00,000/-

towards permanent alimony and the settlement of the house sites,

have been recorded vide order dated 27.08.2017.

4.In the light of the above fact, it is necessary to allow this

revision and set aside the order passed by the Courts below since the

complainant, in paragraph 5 of the Memorandum of Understanding,

has agreed to withdraw her complaint. As a result, the conviction and

sentence passed in C.C. No.303 of 2005 dated 10.02.2012 on the file

of the Judicial Magistrate No.VII, Coimbatore is hereby set aside

rejecting the compound of offence. Accordingly, Crl.RC. No.937 of

2013 stands disposed of.

5.It is brought to the notice of this Court that pending RC, the

petitioner was committed to prison to undergo the period of sentence

imposed and subsequently, released on bail.

6.In such circumstances, the petitioner need not surrender again

before the Trial Court in view of his acquittal. Bail bond executed shall

https://www.mhc.tn.gov.in/judis Crl.R.C.No.937 of 2013

https://www.mhc.tn.gov.in/judis Crl.R.C.No.937 of 2013

Dr.G.JAYACHANDRAN,J.

vga

stand cancelled. Consequently, connected miscellaneous petition is

closed.

03.11.2022

vga Index:yes/No

To

1.The IV Additional District and Sessions Court, Coimbatore.

2.The Judicial Magistrate VII, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

4.The Public Prosecutor, Coimbatore.

Crl.R.C.No.937 of 2013 and M.P.Nos.1 and 2 of 2013

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