Crl.R.C.(MD)No.271 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 20.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

Crl.R.C.(MD)No.271 of 2019

and

Crl.M.P.(MD)No.3967 of 2019

A.Marichamy

... Petitioner

Vs.

1.K.Sridevi

2.Minor Dhitshitha

(the second respondent represent through her mother and the next friend

K.Sridevi/1^st respondent)

... Respondents

PRAYER : Criminal Revision filed under Section 397 r/w 401 of the

Criminal Procedure Code, to set aside the order passed in M.C.No.4 of

2016 on the file of the Judicial Magistrate Court, Sankarankovil dated

04.01.2019 by allowing this criminal revision petition.

For Petitioner

: Mr.H.Arumugam

For Respondent : Mr.N.GA.Natraj

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Crl.R.C.(MD)No.271 of 2019

ORDER

This Criminal Revision Petition has been filed to set aside the

order passed in M.C.No.4 of 2016 on the file of the Judicial Magistrate

Court, Sankarankovil dated 04.01.2019.

2.Pending revision, the parties compromised the matter between

them before the mediation centre and they have also filed joint

compromise memo before this Court and the same reads as follows:-

(a)That the respondent/wife has no objection to grant

divorce by allowing the HMOP.No.6 of 2016 filed by the

appellant/husband and to withdraw her petition for

restitution of conjugal rights in HMOP.No.107/2015 by

allowing both appeals in CMSA.No.22 and 23 of 2018,

subject to the compliance of the conditions mentioned in the

following clauses.

(b)That the appellant/husband, offered to pay a total

sum of Rs.13,60,000/- towards one time life maintenance to

is daughter, minor Dikshitha and the respondent/wife, as a

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Crl.R.C.(MD)No.271 of 2019

natural guardian also agreed to receive the same and

agreed to give up her right to claim any past and future

maintenance from the appellant/husband, including the

maintenance awarded, which is subject matter of Crl.R.C.

(MD) No.271/2019.

(c)That the appellant/husband today paid a sum of Rs.

1,50,000/- (Rupees One Lakh and Fifty Thousand only) by

way of Demand Draft in No.570066 dated 15.07.2019,

drawn in State Bank of India, Mogaippair West, in favour of

wife, Mrs.Sridevi.

(d)The balance amount of Rs.12,10,000/-(Rupees

Twelve Lakhs and Ten Thousand only) will be paid through

three payments as per schedule mentioned herein:-

(i)The first payment of Rs.5,00,000/- (Rupees Five

Lakhs only) will be paid on or before 15.09.2019.

(ii)The second payment of Rs.3,30,000/- (Rupees

Three Lakhs and Thirty Thousand only) will be paid before

15.11.2019.

(iii)The third and final payment of Rs.3,80,000/-

(Rupees Three Lakhs and Eighty Thousand only) will be

paid before 31.12.2019.

(e)That the respondent/wife is the co-owner and co-

borrower of home loan for the property situated at Plot No.

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Crl.R.C.(MD)No.271 of 2019

637, Block No.3, Type-B, J.J.Nagar, Mogappair West,

Chennai as per the sale deed in Doc.No.2256/2013 dated

10.05.2013. However, the appellant/husband has been

paying EMI from the date of loan agreement from his own

income till date. In view of this compromise, the

respondent/wife given up her rights and shares in the above

property and also agreed to execute release deed,

relinquishing her half right over the property or any deed

more in the nature of deed, letters or consent agreement as

required by the State Bank of India on compliance of

payment of entire amount as mentioned Clause (d) and the

appellant/husband hereby agreed that the expenses, stamp

duty charges will be paid by him.

(f)In the even of non-compliance of conditions

mentioned in clause (d) & (e) this settlement will not be

binding and this compromise memo will come to end and the

other party may file petition for restoration or execution as

per decree of courts below.

5.This compromise memo is read over by the parties

herein,