Madras High Court
Mohammed Sulthan vs State By on 23 November, 2023
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
.Crl.RC.No.1301 of 2018.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2023
CORAM :
THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.RC.No.1301 of 2018
and
Crl.M.P.No.18622 of 2023
Mohammed Sulthan ...Petitioner/Appellant/1st Accused
Vs.
State by:
Inspector of Police,
W-2, All Women Police Station,
Triplicane,
Chennai. ...Respondent/Respondent/Complainant
PRAYER: Criminal Revision filed under Section 397 r/w. 401 of Cr.P.C.,
to call for the entire records connected with the Judgment dated
26.09.2018 in Crl.A.No.118 of 2018 passed by the learned XVII
Additional City Civil Judge, Chennai confirming the Judgment dated
09.03.2018 in C.C.No.99 of 2012 passed by the learned Chief
Metropolitan Magistrate, Egmore, Chennai and set aside the same.
For Petitioner : Mr.R.Sankara Subbu
for Mr.V.Sathish
For Respondent : Mr.S.Vinoth Kumar
Government Advocate (Crl. Side)
1/6
https://www.mhc.tn.gov.in/judis
.Crl.RC.No.1301 of 2018.
ORDER
This Criminal Revision had been filed to set aside the Judgment
dated 26.09.2018 in Crl.A.No.118 of 2018 passed by the learned XVII
Additional City Civil Judge, Chennai confirming the Judgment dated
09.03.2018 in C.C.No.99 of 2012 passed by the learned Chief
Metropolitan Magistrate, Egmore, Chennai.
2. Ms.Jahanas Begum, W/o. Mohammed Sultan, No.6/11, Thomas
Colony, S.S.Colony, Madurai North, Madurai District – 625016/De-facto
Complainant is present in Chamber. She submits that she had given a
written complaint to Ms.S.Selvarani, WSI, All Women Police Station, W-
2, Anna Salai, Chennai stating that the Judgment of Conviction recorded
by the learned Chief Metropolitan Magistrate, Egmore, Chennai in
C.C.No.99/2012 has to be executed and there is no compromise.
3. Today, 23.11.2023, the learned Counsel for the Revision
Petitioner, Mr.R.Sankarasubbu (Roll.No.KA 258/1980, Mobile
No.9381036543) submitted that a compromise had been arrived between
the parties.
https://www.mhc.tn.gov.in/judis
.Crl.RC.No.1301 of 2018.
4. In the presence of Ms.Jahanas Begum/De-facto Complainant
and her brother, who is a practising lawyer viz., Mr.S.Mohammed
Azharuddin (Roll. No.Ms.1151/2021, Mobile No.9952649330), the
learned Counsel for the Revision Petitioner Mr.R.Sankarasubbu handed
over the Jewels, about 25 sovereigns as per the terms of compromise.
The De-facto Complainant is satisfied with the jewels.
5. The daughter, aged about 14 years, is with the mother, the De-
facto Complainant. The learned Counsel for the Revision Petitioner
submits that the compromise had been arrived at the instance of the De-
facto Complainant's father and the subject matter is to be compromised
as per terms between the parties.
6. The Revision Petitioner submits that he is engaged in
preparation of name boards as his profession and he has subscribed to
Gokulam Chits i.e., Chit No.22916/2022 which is likely to mature in 16
months for Rs.3,00,000/- (Rupees Three Lakhs Only). He undertakes to
hand over the same, on maturity, to the Respondent/De-facto
https://www.mhc.tn.gov.in/judis
.Crl.RC.No.1301 of 2018.
Complainant as guardian of the minor daughter viz., Shobika and the
same is recorded in the presence of learned Government Advocate (Crl.
Side) and both side counsels.
7. The De-facto Complainant is advised that as per the terms of
compromise, she can withdraw the amount of Rs.3,00,000/-(Rupees
Three Lakhs only) mentioned in the terms of settlement.
8. If the Revision Petitioner defaults as per the terms of
compromise, the De-facto Complainant can seek the remedy through the
Court by filing appropriate Petition or Suit as per law.
In the result, this Criminal Revision case is disposed off as
settled. Consequently, connected Miscellaneous Petition is closed.
23.11.2023
dh
Index: Yes/No
Internet:Yes/No
Speaking Order/Non-speaking Order
https://www.mhc.tn.gov.in/judis
.Crl.RC.No.1301 of 2018.
To
1. The XVII Additional City Civil Judge,
Chennai.
2. The Chief Metropolitan Magistrate,
Egmore, Chennai.
3. The Inspector of Police,
W-2, All Women Police Station,
Triplicane,
Chennai.
4. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
.Crl.RC.No.1301 of 2018.
SATHI KUMAR SUKUMARA KURUP, J.
dh
23.11.2023
https://www.mhc.tn.gov.in/judis
