Madras High Court
Karthik Ramani vs Charanya Vijayakumar on 2 February, 2022
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2022
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.R.C.No.4 of 2022
and
Crl.M.P.No.22 of 2022
Karthik Ramani
... Petitioner
Vs.
Charanya Vijayakumar ... Respondent
PRAYER: The Criminal Revision Petition is filed under Section 397
Code of Criminal Procedure and Sec.12(4) of Family Courts Act,
1984, to set aside the order dated 22/09/2021 made in
M.C.No.116 of 2017 on the file of the IV Additional Family Court,
Chennai.
For Petitioner : Mr.S.Raghavan
For Respondent : Mr.V.Jeyachandran
ORDER
This Criminal Revision Petition has been filed seeking to set aside the order dated 22.09.2021 in M.C.No.116 of 2017 passed by the IV Additional Family Court, Chennai.
2. The case of the prosecution, in brief, is as follows: 1/11
https://www.mhc.tn.gov.in/judis The respondent/wife had filed M.C.No.116 of 2017 praying to direct the petitioner/husband to pay a sum of Rs.7,00,000/- per month by way of monthly maintenance to the respondent/wife. The respondent/ wife had examined herself as PW1 and examined two more witnesses as PW2 and PW3 and Exs.P1 to P9 were marked and on the side of the petitioner/husband, no witness was examined, however, Exs.R1 and R2 were marked.
3. Learned IV Additional Family Court Judge had partly allowed the petition and had directed the petitioner/husband to pay a sum of Rs.1,50,000/- per month to the wife towards monthly maintenance from the date of the petition viz.,16.03.2017. Against the order of direction to pay the maintenance, the present revision has been filed by the petitioner/husband.
4. Mr.S.Raghavan, learned counsel appearing for the petitioner would submit that the marriage between the petitioner and the respondent was solemnized on 24.11.2013 in accordance with Hindu Marriage Act. Thereafter, matrimonial discord arouse between the parties and the parties and the petitioner/husband filed M.C.No.3027 of 2015 before the Family Court at Bangalore for divorce and the same was ordered on 20.08.2016. In the meanwhile, the respondent/wife had filed M.C.No.116 of 2017 for 2/11 https://www.mhc.tn.gov.in/judis maintenance before the Family Court, Chennai and the Family Court had directed the petitioner to pay a sum of Rs.1,50,000/- per month to the wife towards monthly maintenance from the date of the petition viz.,16.03.2017.
5. The learned counsel for the petitioner would further submit that due to the intervention of relatives and well wishers in the family, the parties have arrived at settlement and they have agreed to part amicably and pursuant to the settlement, the parties have entered into a Memorandum of Understanding and thereby, the husband/petitioner herein had agreed to pay one time maintenance amount of Rs.83,25,000/- in full quit and thereupon, the Memorandum of Understanding signed by both the parties is filed in the court in USR No.1356 dated 1.2.2022 and thereby, he would pray that the present Criminal Revision Case may be allowed by setting aside the order passed by the IV Additional Family Court, Chennai dated 22.09.2021 in M.C.No.116 of 2017.
6. Mr.V.Jeyachandran, learned counsel appearing for the respondent/wife would submit that the matter has been amicably settled between the parties and they had entered into a Memorandum of Understanding and the respondent/wife had received a sum of Rs.83,25,000/- in full and final settlement. He 3/11 https://www.mhc.tn.gov.in/judis would further submit that this revision may be allowed in terms of the Memorandum of Understanding. Further, the respondent/wife is present before this Court through Video Conference and she would submit that she had entered into the Memorandum of Understanding and received a amount of Rs.83,25,000/- as full and final settlement towards maintenance and she would submit that she has no objection in the Criminal Revision Case being allowed in terms of the Memorandum of Understanding.
7. Heard learned counsels and perused the materials available on record.
8. The terms of Memorandum of Understanding are extracted hereunder:-
"Whereas the parties hereto are desirous of arriving at a One Time Settlement (OTS) and the parties hereto, through their respective counsel, initiated talks of settlement.
Whereas pursuant to the talks of the settlement referred to above, the parties hereto have arrived at the Settlement of the entire matter by payment of maintenance from 16/03/2017 till 31/10/2021. totalling in all to 4/11 https://www.mhc.tn.gov.in/judis Rs.83,25,000/- (Rupees Eighty Three Lakhs and Twenty Five Thousand Only) in full and final settlement and full quit, subject to the terms and conditions set out hereunder:
Whereas the parties hereto are desirous of reducing to writing the terms of such settlement.
NOW THIS MEMORANDUM OF UNDERSTANDING WITNESSETH AS UNDER:
1) The party of the FIRST PART agrees to pay and the party of the SECOND PART agrees to receive a sum of Rs 83,25,000/- (Rupees Eighty Three Lakhs and Twenty Five Thousand Only) towards maintenance in full and final settlement of all the claims of the party of the SECOND PART in pursuance of the order dated 22/09/2021 made in M.C.No.116 of 2017.
2] This Memorandum of Understanding [referred to as the MOU in this document] is in full and final settlement of the following legal proceedings:
5/11
https://www.mhc.tn.gov.in/judis A] M.C 116 OF 2017, IV ADDITIONAL FAMILY COURT, CHENNAI.
B] MISC. PETITION NO:59/2018 IN
M.C.No.3027 OF 2015 on the file of IV
ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, BANGALORE.
C] O.S.NO:25192 OF 2017 PENDING ON THE FILE OF 1141-CCH 58-LVII ADDL. CITY COURT SESSIONS JUDGE, BANGALORE [MAYO HALL COURT].
D] THE TRANSFERRED COMPLAINT OF THE PARTY OF THE SECOND PART REGISTERED AS CRIME NO: 51 OF 2019 ON THE FILEOF WOMEN POLICE STATION, SHIVAJI NAGAR, EAST ZONE, BANGALORE CITY.
E) DEFAMATION CASE NO: 50018 OF 2020 ON THE FILE XI ADDITIONAL CHIEF METROPOLOTAN MAGISTRATE COURT, BANGALORE INITIATED BY LT. COL. [RETD] M.NARAYANA ADVOCATE AGAINST THE PARTY OF THE SECOND PART UNDER SECTION 499 6/11 https://www.mhc.tn.gov.in/judis AND 500 IPC. THE COMPLAINANT BY LT. COL.
[RETD] M.NARAYANA ADVOCATE WILL
WITHDRAW THE DEFAMATION CASE UPON
RECEIPT OF UNCONDITIONAL APOLOGY LETTER FROM THE PARTY OF THE SECOND PART.
3] The Party of the first part hereby pays Rs.5,00,000-00 [ Rupees Five Lakhs Only] by two cheques no: 319924 and 319925 dated 11/01/2022 drawn on Bank of India, Cantonment Branch, Bangalore to the party of the second part at the time of execution of these presents, the receipt of which the party of the second part acknowledges.
4] The party of the FIRST PART shall pay Rs.15,00,000/- (Rupees Fifteen Lakh Only) to the party of the SECOND PART upon withdrawal of a] Misc. Petition No: 59/2018 in M.C. 3027 OF 2015 pending on the file of IV Additional Principal Judge Family Court, Bangalore by the party of the SECOND PART.
7/11 https://www.mhc.tn.gov.in/judis b] O.S.No:25192 of 2017 pending on the file of the 1141-CCH 58-LVII ADDL. CITY COURT SESSIONS JUDGE, Bangalore [Mayo Hall Court] by Mr.Ramani Aiyer, father of the party of the FIRST PART herein.
c] The transferred complaint of the party of the SECOND PART registered as Crime No:51 of 2019 on the file of All Women Police Station, Shivaji Nagar, East Zone, Bangalore City by the party of the SECOND PART.
d] Defamation Case No:50018 of 2020 on the file of XI Additional Chief Metropolitan Magistrate Court, Bangalore initiated by BY LT. COL. [RETD] M.Narayana advocate against the party of the Second Part under section 499 and 500 IPC.
5] The sum of Rs 15,00,000-00 shall be paid as stipulated in clause No:4 upon production of proof of such withdrawal by both the parties. 6] The party of the FIRST PART shall pay the balance of Rs 63,25,000/- (Rupees Sixty Three 8/11 https://www.mhc.tn.gov.in/judis Lakhs and Twenty Five Thousand Only) to the party of the SECOND PART at the time of recording this MOU in the High Court, Madras in Crl. R.C No:4 of 2022 filed by the party of the First Part as proof of settlement pursuant to the order dated 22/9/2021 made in M.C.No:116 of 2017.
7] It is hereby agreed that upon payment of the entire amount of Rs 83,25,000/- (Rupees Eighty Three Lakhs and Twenty Five Thousand Only) by the party of the FIRST PART to the party of the SECOND PART, the parties hereto shall have no further claims against each other in any manner whatsoever either in M.C NO:116 OF 2017 or otherwise.
8] In the event of any breach of the terms set out in these presents by any of the parties hereto, this MOU shall stand terminated forthwith and the aggrieved party shall be at liberty to restore the legal proceedings withdrawn on his or her part and work out the 9/11 https://www.mhc.tn.gov.in/judis remedies in law.
9] The original of this MOU engrossed upon Rs.20 NJ Stamp Paper will be produced in High Court, Madras and full satisfaction will be recorded."
9. Taking into consideration of the fact that the parties have entered into a Memorandum of Understanding, this Court is inclined to allow the Criminal Revision Case. The Memorandum of Understanding shall form part of the Court records.
10. In view of the above, this Criminal Revision Case stands allowed and the order passed by the IV Additional Family Court, Chennai in M.C.No.116 of 2017 dated 22/09/2021 is set aside. Consequently, the connected Criminal Miscellaneous Petition is closed.
02.02.2022 Index: Yes/No. Internet: Yes/No. shk/ssk.
To IV Additional Principal Judge, Family Court, Chennai.
A.D.JAGADISH CHANDIRA, J., 10/11 https://www.mhc.tn.gov.in/judis shk/ssk.
Crl.R.C.No.4 of 2022
and Crl.M.P.No.22 of 2022 02.02.2022 11/11 https://www.mhc.tn.gov.in/judis