Allowed

G.Baskaran v. the Sub Inspector of Police

Madras HC22 Dec 2021CRL RC/1249/2014

Case brief

AI extract

What is this about?

In a criminal revision under Section 397/401 Cr.P.C., the High Court allowed the petition and set aside the conviction and confirmation of sentence. The court quashed the impugned orders after recording a joint affidavit showing an amicable settlement between the complainant and the accused husband regarding maintenance and care of children.

What did the court decide?

The criminal revision was allowed; the convictions and sentencing orders of both the Judicial Magistrate and Sessions Judge were set aside, and the petitioner was acquitted. He is directed to abide by

G.Baskaran Vs the Sub Inspector of Police — Domestic Violence | Madras HC (2021)

¶1

BAIL SLIP

¶2

The Appellant/Accused namely G.Baskaran, S/o.Govindaraj was directed to be released on bail in and by the order of this Court dated 04.12.2014 and made in Crl.Mp.No.2/2014 in Crl.Rc.No.1249/2014 on the file of this court.

¶3

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶4

DATED : 22.12.2021

¶5

CORAM :

¶6

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

¶7

CRL.R.C.NO.1249 OF 2014

G.Baskaran

.. Petitioner

Versus

State rep. by Sub-Inspector of Police, AWPS Salem Town. Crime No.9 of 2012. 2. B.Rajamani .. Respondents

¶12

(R2 is impleaded as per the orders in Crl.R.C.No.1249 of 2014, dated 13.12.2021)

¶13

Prayer :

¶14

Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to allow the above Criminal Revision and set aside the order of conviction of the petitioner/appellate/accused passed by the learned I Additional District and Sessions Judge, Salem in Crl.A.No.137 of 2013, dated 21.08.2014, confirming the order in C.C.No.114 of 2013, dated 13.11.2013 by the learned Judicial Magistrate, Additional Mahila Court, Salem.

¶15

For Petitioner : Mr. Ullasavelan-No Appearance

¶16

For R1 : Mr.L.Baskaran Government Advocate (Criminal Side) For R2 : Mr.Senthamizhselvan Legal Aid Counsel

¶17

https://hcservices.ecourts.gov.in/hcservices/

¶18

ORDER

¶19

This Criminal Revision Case is filed by the petitioner/accused, aggrieved by the judgment of the Judicial Magistrate, Additional Mahila Court, Salem in C.C.No.114 of 2013, dated 13.11.2013, convicting him for an offence under Section 498-A of Indian Penal Code and imposing a sentence of one year Rigorous Imprisonment and fine of Rs.1,000/-, in default, to undergo three months Simple Imprisonment and the judgment of the learned I Additional District and Sessions Judge, Salem in Crl.A.No.137 of 2013 dated 21.08.2014, dismissing the appeal and confirming the conviction and sentence imposed by the Trial Court.

¶20

When the matter was taken up for final hearing, the defacto complainant and the petitioner herein appeared before this Court on repeated occasions, both virtually and physically and the defacto complainant submitted her desire that she does not want the petitioner/husband to undergo punishment, rather wanted to join together. The petitioner/husband, however, submitted that he is residing with his parents adjancent ot the house to the defacto complainant and would see his children regularly and also pay a monthly maintenance of Rs.1,000/- each directly in the bank account of each of the children. To this effect, both of them had also filed a joint affidavit before this Court.

¶21

Since, this matter pertains to a conflict between the husband and wife and in view of the fact that, both of them have reached an amicable settlement, this Revision Case is allowed. The judgment of the learned Judicial Magistrate, Additional Mahila Court, Salem in C.C.No.114 of 2013, dated 13.11.2013 and the judgment of the learned I Additional District and Sessions Judge, Salem in Crl.A.No.137 of 2013, dated 21.08.2014 are set aside and the petitioner is acquitted of the charge. However, he shall abide by the undertaking given by him before this Court by paying monthly maintenance of Rs.1,000/- each to three of his children and also take care of them both emotionally and giving support in their future endeavours of education, marriage etc.

¶22

With this observation, the present Criminal Revision Case is allowed.

¶23

Sd/Assistant Registrar

¶24

//True Copy//

¶25

grs

¶26

Sub Assistant Registrar

¶27

https://hcservices.ecourts.gov.in/hcservices/

¶28

¶29

The I Additional District and Sessions Judge, Salem.

¶30

The Judicial Magistrate, Additional Mahila Court, Salem.

¶31

The Chief Judicial Magistrate, Salem.

¶32

The Public Prosecutor, High Court of Madras.

¶33

The Sub-Inspector of Police, AWPS Salem Town. (Crime No 9 of 2012)

¶34

The Superintendent Central Prison, Salem.

¶35

Copy To

¶36

The Section Officer, Criminal Section, High Court, Madras.

¶37

+1cc to Mr. Ullasavelan, Advocate, S.R.No.69108

¶38

Crl.R.C.No.1249 of 2014

¶39

KSM(CO) PM/10/01/2022

¶40

https://hcservices.ecourts.gov.in/hcservices/

G.Baskaran v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

G.Baskaran v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manthan Vs the Inspector of Police

M/S.Mediaone Global Vs K.J.Saravanan

Murugesan Vs the State Rep.by the

Sivashanmugam Vs Nithya

A.Raju Vs the Inspector of Police

Murthy @ Daniel Murthy Vs P.Selvaraj