Shenbagamoorthy v. Sumathi

O R D E R Heard Mr.G.Radhakrishnan, learned Counsel for Revision Petitioner and Mr.F.X.Eugene, learned Counsel for Respondents.

¶2This Criminal Revision Case has been filed challenging the order passed by Judicial Magistrate No.II, Kovilpatti in Crl.M.P.No.2933 of 2023 in Crl.M.P.No.3025 of 2017 in M.C.No.14 of 2016 dated

17.11.2023.

¶3Mr.G.Radhakrishnan, learned Counsel for Revision Petitioner would submit that the trial Court granted an order of interim maintenance in Crl.M.P.No.3025 of 2017 in M.C.No.14 of 2016 on 01.10.2021. Aggrieved by the said order, the petitioner filed a petition in Crl.M.P.No. 2933 of 2023 before the Judicial Magistrate No.II, Kovilpatti seeking to cancel the order passed in Crl.M.P.No.3025 of 2017 in M.C.No.14 of 2016 dated 01.10.2021. After hearing both sides, the trial Court dismissed the said petition. Aggrieved by the said order, the petitioner has preferred the present revision petition.

¶4Today, when this Criminal Revision Case was taken up for hearing, it is informed by learned counsel appearing for petitioner as well as respondents that during the pendency of this Criminal Revision case, the matter was referred to mediation. Accordingly, both the parties appeared before Mediation and Conciliation Centre and they resolved/decided to settle their disputes. They filed a copy of settlement agreement dated 18.02.2026, whereby, petitioner herein agreed to pay a sum of Rs.8,00,000/- by way of instalments to the respondents. The respondents also agreed to withdraw the case in M.C.No.14 of 2016 on the file of Judicial Magistrate No.II, Kovilpatti and she further agrees to give consent for divorce in H.M.O.P.No.43 of 2019 on the file of Sub Court, Kovilpatti. Relevant portion of settlement agreement dated

18.02.2026 reads as follows: ''a) The petitioner agrees to pay a sum of Rs.8,00,000/- (Rupees Eight Lakhs only) by way of installments. b) Rs.2,00,000/- (Rupees Two Lakhs only) on or before

02.03.2026 and Rs.2,00,000/- (Rupees Two Lakhs only) on or before 17.03.2026 and Rs.2,00,000/- (Rupees Two Lakhs only) on or before 31.03.2026 and Rs.2,00,000/- (Rupees Two Lakhs only) on or before 15.04.2026 c) The respondent agrees to withdraw the case in M.C.No. 14 of 2016 on the file of the Judicial Magistrate No.II, Kovilpatti and she further agrees to give consent for divorce in H.M.O.P.No.43 of 2019 on the file of Sub Court, Kovilpatti.''

¶5In these circumstances, this Court is of the view that it is open to the learned Counsel for the petitioner and the respondents to approach the concerned Court for withdrawal of maintenance case as well as petition filed for divorce, based on the settlement agreement dated

18.02.2026 entered into between the parties. The settlement agreement dated 18.02.2026 shall form part and parcel of this order.

¶6With the above direction, this Criminal Revision Case stands disposed of in terms of the above Settlement Agreement dated

18.02.2026. No costs. Consequently, connected miscellaneous petition is closed. Index :Yes / No

25.02.2026 Internet :Yes / No NCC :Yes / No gvn To:

1.The Sub Court, Kovilpatti.

¶2The Judicial Magistrate No.II, Kovilpatti. MOHAMMED SHAFFIQ

, J.

gvn

25.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2026 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ CRL.R.C.(MD)No.19 of 2026 and Crl.M.P.(MD).No.296 of 2026 Shenbagamoorthy ... Petitioner vs. 1. Sumathi 2. Tamilraj ... Respondents PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to call for the records in Crl MP No.2933 of 2023 in Crl M.P.No.3025/2017 in MC No.14/2016 the file of the Learned Judicial Magistrate No.II, Kovilpatti, dated 17.11.2023 and set aside the order of the trial Court and pass such other or further order. For Petitioner : Mr.G.Radhakrishnan For Respondents : Mr.F.X.Eugene