IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.10.2011 CORAM: THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.Nos.575 of 2009 & 78 of 2010 and M.P.Nos.1 of 2011 & 1 of 2009 Crl.R.C.No.575 of 2009: Jaganathan .. Petitioner Vs. 1.The State represented by The Inspector of Police, W-1, All Women Police Station, Thousand Lights, Chennai – 6. Crime No.11 of 2005 .. Respondent No.1 (in Crl.RC.No.575/09) 2.K.Manju .. Respondents (2nd respondent impleaded as per order R2 Respondent (in in M.P.No.2 of 2011 in Crl.R.C.No.575/09 Crl.RC.No.575/09 dated 21.10.2011 & 1st Respondent in Crl RC.78/10) Criminal Revision filed under Sections 397 and 401 Cr.P.C. praying to set aside the order of the learned VI Additional Sessions City Civil Court, Chennai, in C.A.No.255 of 2008 dated 29.04.2009, confirming the order of conviction and sentence under Section 498-A IPC against the petitioner in C.C.No.15389 of 2005 on the file of learned Chief Metropolitan Magistrate, Egmore, Chennai, dated 26.08.2008. https://hcservices.ecourts.gov.in/hcservices/ Crl.R.C.No.78 of 2010: D.Jaganathan .. Petitioner Vs. K.Manju .. Respondent Criminal Revision filed under Sections 397 and 401 Cr.P.C. praying to call for the records relating to the order dated 08.06.2009 in M.C.No.136 of 2006 on the file of the II Additional Family Court, Chennai and set aside the same. For Petitioner : Mr.R.Srinivas For Respondent 1 : Mr.A.N.Thambidurai, APP For Respondent 2 : Ms.L.Fathima Fabiola ***** C O M M O N O R D E R Crl.R.C.No.575 of 2009 arises against the judgment of the learned VI Additional Sessions City Civil Court, Chennai, passed in C.A.No.255 of 2008 dated 29.04.2009. 2. C.A.No.255 of 2008 arose against the judgment of the learned Chief Metropolitan Magistrate, Egmore, Chennai, passed in C.C.No.15389 of 2005 dated 26.08.2008 where under the petitioner and his mother were convicted for offences under Sections 498-A IPC and 4 of the Dowry Prohibition Act. By judgment dated 29.04.2009 in appeal, the learned VI Additional Sessions City Civil Court, Chennai, acquitted the mother whilst convicting the petitioner. There against, the petitioner has preferred Crl.R.C.No.575 of 2009. 3. Crl.R.C.No.78 of 2010 arises against an order of maintenance passed by the learned II Additional Family Judge, Chennai, in M.C.No.136 of 2006 dated 08.06.2009. 4. Whilst the wife of the petitioner is the respondent in Crl.R.C.No.78 of 2010, she stands impleaded as party respondent No.2 in Crl.R.C.No.575 of 2009 as per order in M.P.No.2 of 2011 in Crl.R.C.No.575/09 dated 21.10.2011. https://hcservices.ecourts.gov.in/hcservices/ 5. Presently, a joint compromise memo signed by both parties as also the respective counsels informing settlement of disputes between them and payment of a sum of Rs.1,25,000/- by the petitioner to the respondent wife in full and final settlement, is filed. The same also informs that the respondent wife will not seek any further maintenance and that the parties will move a petition for divorce on the basis of mutual consent. Following the decision of the Honourable Apex Court in B.S.Joshi and others Vs. State of Haryana and another AIR 2003 SCC 1386, this Court allows Crl.R.C.No.575 of 2009. The orders of the Courts below are set aside. Consequently, the petitioner is acquitted of all charges in the case. The joint compromise memo shall form part of the record. In view of the endorsement made by the learned counsel for the petitioner, the Crl.R.C.No.78 of 2010 is dismissed as withdrawn. 6.In the result, (i)Crl.R.C.No.575 of 2009 is allowed. The orders of the Courts below are set aside. Consequently, the connected miscellaneous petition is closed. (ii)Crl.R.C.No.78 of 2010 is dismissed as withdrawn. Consequently, the connected miscellaneous is closed. Sd/ Asst. Registrar /True Copy/ Sub Asst.Registrar gm To 1.The VI Additional Sessions City Civil Court, Chennai. 2.The Chief Metropolitan Magistrate, Egmore, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3. The II Additional Family Court, Chennai. 4.The Additional Public Prosecutor, High Court, Madras. 5.The Inspector of Police, W-1, All Women Police Station, Thousand Lights, Chennai-6. +3CCs to M/s.R.Srinivas (SR.No.64915) +3CCs to M/s.R.Srinivas (SR.No.64910) Crl.R.C.Nos.575 of 2009 and 78 of 2010 RV(CO) KSA(07/12/2011) https://hcservices.ecourts.gov.in/hcservices/