Crl.R.C.Nos.207 & 470 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2023

CORAM:

The Honourable MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

Crl.R.C.Nos.207 & 470 of 2021

and

Crl.M.P.Nos.4812 & 7664 of 2021

Crl.R.C.No.207 of 2021

Karthik

...Petitioner/Respondent

-Vs-

Gayathri Gnaneshwari

...Respondent/Petitioner

Crl.R.C.No.470 of 2021

Gayathri Gnaneshwari

...Petitioner/Appellant/

Petitioner

Karthik

...Respondent/Respondent/

Respondent

Prayer in

Crl.R.C.No.207 of 2021

: - Criminal Revision Case filed under

Section 397 read with 401 of Cr.P.C, to set aside the order partly allowing

the Appeal in C.A.No.530 of 2018, passed by the learned V Additional

District and Sessions Judge, Coimbatore, dated 15.12.2020 by modifying

the order of the learned Judicial Magistrate No.II, Coimbatore, passed in

D.V.A.No.25 of 2013 dated 18.09.2018.

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Crl.R.C.Nos.207 & 470 of 2021

Prayer in

Crl.R.C.No.470 of 2021

: - Criminal Revision Case filed under

Section 397 read with 401 of Cr.P.C, to call for the records and modify the

order passed by the learned V Additional District Sessions Judge,

Coimbatore, made in C.A.No.530 of 2018 dated 15.12.2020 partly

allowing and modifying the order to pay a compensation of Rs.3,00,000/-

under Section 22 of D.V. Act and confirming the order of dismissal under

Section 19(8) of D.V. Act passed by the learned Judicial Magistrate No.II,

Coimbatore, in D.V.A.No.25 of 2013 dated 18.09.2018 dismissing the

Petition filed by the Petitioner under Section 19(8) and 22 of D.V. Act and

consequnetly directing the Respondent to return of jewels of 25 sovereigns

of gold ornaments and enhance the amount of compensation.

Crl.R.C.No.207 of 2021

For Petitioner

: Mr.B.Singaravelu

For Respondent

: Mr.T.R.Ravi

Crl.R.C.No.470 of 2021

For Petitioner

: Mr.T.R.Ravi

For Respondent

: Mr.B.Singaravelu

for Mr.V.S.Kesavan

C O M M O N O R D E R

Crl.R.C.No.207 of 2021 is filed by the 1^st Respondent/husband in

D.V.A.No.25 of 2013 before the learned Judicial Magistrate No.II,

Coimbatore.

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Crl.R.C.Nos.207 & 470 of 2021

(ii) Crl.R.C.No.470 of 2021 is filed by the Petitioner/wife in

D.V.A.No.25 of 2013 on the file of the learned Judicial Magistrate No.II,

Coimbatore.

3. Learned Counsel for the Revision Petitioner/husband in

Crl.R.C.No.207 of 2021 submitted his arguments.

4. As per his submission, the Petitioner/wife in D.V.A.No.25 of 2013

had filed D.V.A Petition against the husband. The marriage between the

Revision Petitioner herein and the Respondent herein took place on

27.01.2013. It was a love marriage. The Respondent herein as wife, lived in

the matrimonial home only for the period of six months. Subsequently, she

left the matrimonial home. She did not return. She filed complaint before

the All Women Police Station, Coimbatore. Subsequently, D.V.A.No.25 of

2013 was filed before the Court of the learned Judicial Magistrate No.II,

Coimbatore. By the time the learned Judicial Magistrate No.II, Coimbatore,

proceeded with the trial/enquiry in D.V.A.No.25 of 2013, the Petitioner in

D.V.A.No.25 of 2013 was already divorced and had contracted the second

marriage. She had deposed as P.W.1. Her parents deposed as P.W.2 and

P.W.3.

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Crl.R.C.Nos.207 & 470 of 2021

5. The learned Counsel for the Revision Petitioner/husband in

Crl.R.C.No.207 of 2021 invited the attention of this Court to the judgment

passed by the learned Judicial Magistrate No.II, Coimbatore, in

D.V.A.No.25 of 2013 dated 18.09.2018, in which the learned Trial Judge

had discussed the evidence of the Petitioner and the Respondents and had

declined the relief sought by the Petitioner in the Domestic Violence

Application, stating she is not entitled to any of the relief.

6. In the course of the discussion, the learned Trial Judge had