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Judgment
C.T. Selvam
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.
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.
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.
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.
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, , 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dismissed as withdrawn.
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(ii) Crl.R.C. No. 78 of 2010 is dismissed as withdrawn.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.