Disposed

Tirumalanadhuni Ramu v. the State of Ap

Andhra Pradesh HC8 Dec 2023CRLRC/1979/2018

Case brief

AI extract

What is this about?

The High Court recorded the joint compromise memo submitted by the petitioner-husband and respondent-wife, involving financial settlement terms. Consequently, the court disposed of the criminal revision cases (1974 and 1979 of 2018) arising from appeals in domestic violence and POA Act matters.

What did the court decide?

Recorded the joint compromise memo and disposed of Criminal Revision Cases 1974 and 1979 of 2018; vacated interim orders.

Tirumalanadhuni Ramu Vs the State of Ap — Maintenance and Alimony | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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FRIDAY, THE EIGHTH DAY OF DECEMBER

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TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE V. SRINIVAS

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I.A.NO. 1 OF 2020 IN/AND

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CRIMINAL REVISION CASE NOS: 1974 OF 2018 AND 1979 OF 2018

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CRIMINAL REVISION CASE NO: 1974 OF 2018

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Revision filed under Sections 397 & 401 of Cr.P.C., aggrieved by the Order in CrI.A.No. 604/2015 dated.02.05.2018 on the file of the Court of the Special Judge for Trial under SC,ST (POA) Act Cum X Additional District and Sessions Judge, Rajahmundry arising out of the Order in D.V.C.64/2012 on the file of the VI Additional Judicial First Class Magistrate, Rajahmundry dated 28.07.2015, whereby and where under the said court was pleased to pass Orders in the main CrI.A.442/2015, remanding the matter to the Trial Court with a rider that the Petitioner has to deposit an amount of Rs. 2,00,000/- as a condition precedent to the said Trial Court to proceed with the fresh consideration of D.V.C. 64/2012.

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Between:

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Tirurnalanadhuni Ramu,S/o Late Venkata Rao, Aged about 33 years Occ Teacher, R/o. Kolamuru Village, Rajanagaram Mandal, East Godavari District.

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...Revision Petitioner/

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AND

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Respondent/Respondent No. 1

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The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh, Amaravati.

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...Respondent/Respondent

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Tirurnalanadhuni Sridevi, W/o Ramu, D/o. Thota Annavaram, aged about 25 years Occ: House wife, R/o. Near Bus Stop Center, Kotikesavaram Village, Korukonda Mandal, East Godavari District.

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...Respondent/Appellant/Petitioner

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lANO: 1 OF 2018

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Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in D.V.C.64/2012 on the file of the VI Additional J.F.C.M., Rajahmundry East Godavari District, state of Andhra Pradesh, pursuant to the remand orders passed in CrI.A.No.604 of 2015 on the

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file of the Court of the Spl SC, ST. (POA) Act Cum X Additional District and Sessions Judge, Rajahmundry

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V ^

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.. \A NO: 1 OF 2020

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Petition under Section 320 (6) & R/W 482 CR.PC., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to bring on record the said Joint Memo of Compromise, duly recording the said compromise and duly setting^{asidetheorderinCrI.A.No.} 604 of 2015 dated 02.05.2018 on the file of the Court of the Spl. Judge for Trial under SC, ST (POA) Act Cum X Additional District and Sessions Judge, Rajahmundry arising out of the order in DVC No. 64 of 2012 on the file of the VI Additional J.F.C.M. Rajahmundry dated 28.7.2015 and consequentially setting aside the order in DVC No. 64 of 2012 on the file of the VI Additional J.F.C.M., Rajahmundry dated 28.7.2015,

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‘Along with Joint Compromise Memo enclosed vide separate^sheet*

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CRIMINAL REVISION CASE NO: 1979 OF 2018

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Revision filed under Sections 397 & 401 of Cr.P.C., aggrieved by the Order in CrI.A.No.442/2015 dated.02.05.2018 on the file of the Court of the Special Judge for Trial under SC, ST (POA) Act Cum X Additional District and Sessions Judge, Rajahmundry arising out of the Order in D.V.C.64/2012 on the file of the VI Additional Judicial First Class Magistrate, Rajahmundry dated. 28.07.2015, whereby and where under the said court was pleased to pass orders in the main CrI.A. 442/2015, pursuant to the CrI.M.P. No.3348/2016 filed by the petitioner u/s 391 Cr.P.C remanding the matter to the Trial Court with a rider that the Petitioner has to Deposit an amount of Rs.2,00,000/- as a Condition precedent to the said Trial Court to proceed with the fresh consideration of D.V.C.64/2012.

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Between:

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Tirumalanadhuni Ramu, S/o Late Venkata Rao, Aged about 33 years Occ: Teacher, R/o. Kolamuru Village, Rajanagaram Mandal,^EastGodavari District.

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...Revision Petitioner/

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Appellant/Respondent No. 1 AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati.

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...Respondent/Respondent

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Tirumalanadhuni Sridevi, W/o Ramu, D/o. Thota Annavaram, aged about 25 years Occ: House wife, R/o. Near Bus Stop Center, Kotikesavaram Village, Korukonda Mandal, East Godavari District.

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...Respondent/Respondent/Petitioner

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lA NO: 1 OF 2018

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Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in D.V.C.No.64/2012 on the file of the VI Rajahmundry, East Godavari District, State of Andhra Pradesh, pursuant to the remand orders passed in Crl.A.No.442/2015 on the file of the Court of the Special Judge for Trial under SC, ST (POA) Act Cum X Additional District and Sessions Judge. Rajahmundry.

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Counsel for the Petitioner: Sri. K.V.S.S.Prabhakara Rao

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Counsel for the Respondent No.1: Public Prosecutor (AP)

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Counsel for the Respondent No.2: Smt. T.V.Sree Devi

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The Court made the following COMMON ORDER:-

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THE HON'BLE SRI JUSTICE V.SRINIVAS

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I.A.No.l of 2020

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IN/AND

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Criminal Revision Case Nos. 1974 and 1979 of 2018

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COMMON ORDER:

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Aggrieved by the judgments dated 02.05.2018 passed in Criminal Appeal Nos.604 & 442 of 2015 on the file of the Court of learned Special Judge for Trial of Cases under S.Cs & S.Ts (POA) Act-Cum-X Additional District and Sessions Judge, East Godavari at Rajahmundry, the present criminal revision cases are preferred by the petitioner / husband.

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Both the parties are present before this Court and submitted that they have compromised the matter. In view of the settlement arrived between the parties, they filed I.A.No.l of 2020 in both the revision cases along with joint memo signed by both the parties seeking permission to record the compromise.

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In view of the said compromise arrived, 2nd respondent/wife already received an amount of Rs.3,00,000/from the petitioner/husband. Now she received another amount of Rs.3,00,000/by way of Demand Draft bearing No.458739, dated 07.12.2023 and another clause in the said compromise is that after receiving said Demand Draft shall record the compromise not only in the present Criminal Revision Cases i.e.. Crl.R.C.Nos.l974 of 2018 and 1979 of 2018, but also Crl.P.No.4063 of 2016, towards full and final settlement^as permanent alimony as well compensation to the 2"^ respondent and further clause is that after receipt^ofthe above amount of Rs.6,00,000/she will not claim any further maintenance from any properties of the Revision petitioner herein and also shall not file any cases against each other.

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For which, both the parties agreed the above said terms and 2"'i respondent herein received Rs.3,00,000/- by \Vay of Demand Draft, dated 07.12.2023. Since, both^the V

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parties arrived at compromise and by recording the said compromise, I.A.No.l of 2020 in Crl.R.C.Nos. 1974 and 1979 of 2018 are ordered.

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Consequently, the present Criminal Revision Case Nos. 1974 and 1979 of 2018 are disposed of. 6. Interim orders granted earlier if any, stand vacated.

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As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Revision Case shall stand closed.

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SD/- M RAMESH BABU DEPUTY REGISTRAR

//TRUE COPY//

To,

2 fe I

SECTION OFFICER ,

opuc,

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SAM sree

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along with joint compromise memo to the addresses

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

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CRL.R.C.No. 1979 of 2018

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Between :

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Tirumalanadhuni Ramu S/o Late Venkata Rao, Aged about 33 years, Occ: Teacher, R/o Kolamuru Village, Rajanagaram Mandal, East Godavari District

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...Revision Petitioner/ Appellant/Respondent No. 1

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AND

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The State of Andhra Pradesh Rep. by its Public Prosecutor, High Court of Andhra Pradesh Amaravathi

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.... Respondent/Respondent

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Thirumalanadhuni Sri Devi w/o Ramu D/o Thota Annavaram Aged about 25 years, Occ: Housewife, R/o near Bus stop Centre Kotikesavaram village, Korukonda Mandal, East Godavari District

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... Respondent

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JOINT MEMO OF COMPROMISE

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This Joint memo of Compromise stands entered into by^{andbetweentheRevision} Petitioner and the Respondent No. 1 hereto on this^{the^‘^*^dayof November2019.}

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1. Whereas the Respondent No.2 preferred D.V.C.No.64/2012, against the Petitioner and four others who are the members of his family claiming Rs. 50,00,000/- and other monitory reliefs and the same was partly allowed on 28-07-2015 by the Court of 6"' Addl. Judicial Magistrate of 1 Class Rajahmundry against the Revision Petitioner but dismissing the same in respect of the remaining four, aggrieved by which the^{Revisionpetitioner} preferred Criminal Appeal No.442/2015, which was partly^allowedon02- 05-2018, remanding the D.V.C. No. 64/2012 for fresh^{decisionsubjecttothe} condition the Revision Petitioner paying Rs.2,00,000/-, aggrieved by which the Revision Petitioner preferred the Crl.R.C.No. 1979/2018.

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1. Whereas the 2"‘' Respondent herein also, aggrieved by^thesaid Order of^the said Court of 6’'' Addl.J.F.C.M, Rajahmundry dated: 28-07-2015, preferred Criminal Appeal No.604/2015 which was partly allowed^on 02-05-2018 -TSri £]e.Yi'

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11^

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lemanding the D.V.C. No. 64/2012 tor fresh decision subject to the condition the Revision Petitioner paying Rs.2,00,000/-, aggrieved by which the Revision Petitioner preferred the CrI.R.C.No. 1974/2018.

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1. Whereas the 2"^' Respondent also preferred a crime^{videF.I.RNo.157/2010} of the Korukonda Police Station against the Revision^{Petitionerandthesaid} 4 peisons which was tried as C.C.No. 3/2011 by the^Courtofthe 6* •Addl.J.P.C.M, Rajahnuindry u/s 498 (A) R/w 34 IPC and u/s 4 of D.P.Act, and the Revision Petitioner and the other Accused i.e. A1 to A5 stood acquitted on 31-03-2015.

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1. Whereas the 2'’'“ Respondent also filed M.C.No.84/2010 on the file of the Court of 4 Addl. Junior Civil Judge, Rajahmundry, East Godavari District, in which she was awarded an amount of Rs.3000/- per^month towards maintenance which was confirmed by the Court of lO"' Addl. District Judge, Rajahmundry, East Godavari, vide orders in C.R.P. No.96/2015,^Dated: 1902-2016 prelerred by the Petitioner herein and aggrieved by which he prelerred Crl.P.No. 4063/2016 in this Hon’ble Court in which there was an order dated: 28-03-2016, staying the said order in^{tliesaidM.C.No.84/2010} subject to the Revision Petitioner paying the half^{ofthemaintenancetothe} 2'"'' Respondent and arrears.

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1. Whereas on account of the intervention of the elders both the parties entered into a Compromise and took divorce with Mutual consent vide O.P.No.210 /2018 on 05-02-2019 u/s 13 b of the I I.M. Act.

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1. Whereas now both the parties decided to similarly get. Criminal R.C.No. 1974/2018 & Criminal R.C.No. 1979/2018 and Criminal Petition No. 4063/2016, duly setting aside the order in Criminal Appeal. No.604/2015, dated: 02-05-2018 of the Court of Special Judge for Trial under SC, ST POA Act-cum-X Addl.District Judge, Reijahmundry, arising out of D.V.C.No 64/2012 on the file of the Court of 6"' Addl. J.F.C.M, Rajahmundry, dated: 28-07-2015 and also to set aside the order in Criminal Revision Petition No. 96/2015 on the file of the Court of Special Judge for Trial under SC, ST POA Act-cum-X Addl.District & Sessions Judge, Rajahmundi7,^dated: 1902-2016 arising M.C.No.84/2010 on the file of the Court^{of4"'Addl.Junior} Civil Judge, Rajahmundry dated: 15-04-2015. I eSa"' Ctcj/i',

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Whereas the 2"^' Respondent already received an amount of Rs. 3,00,000/^d now she will receive another Rs.3,00,000/- by way^{ofDemandDraft} bearing Mor2-l 879^^^2+m9 dated: -e9-ii-20i 8^on the^daywhen this recorded in this Hon’ble Court in the above 3 cases and this amount of Rs.3,00,000/- to be received by the 2"'^ Respondent now and the amount of Rs.3,00,000/- already received by the 2"'' Respondent, i.e. Rs.6,00,000/ini:: toto constitutes full and final settlement towards her p^^arianmfhSonJ^d she will not claim any further maintenance for any properties from the Revision Petitioner and both the parties shall not file any cases against each other/one another, duly putting a quietus to any sort of litigation between/among them.

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Compromise regarding the Civil Cases

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The parties do hereby undertake not to indulge in any further litigation against each other whatsoever and they will not settle old scores.

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Both the parties do hereby state that they are entering into this compromise on their own free will and volition without being put to any sort of duress by anybody.

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Petitioner:

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T sy< oe,r' Respondent No.2

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Coons'S ^r\he^I^ititmer

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c
<br>

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Counsel for the Respondent

HIGH COURT

DATED;08/12/2023

COMMON ORDER

I.A N0.1 of 2020 IN/AND CRLRC.Nos.1974 of 2018 AND 1979 of 2018

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II Copfes IzIi+lzH-

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DSL

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DISPOSING OF THE CRIMINAL REVISION CASES

Tirumalanadhuni Ramu v. the State of Ap

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Tirumalanadhuni Ramu v. the State of Ap

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