DHANRAJ Vs. STATE

JUDGEMENT

(1.) A few facts may be stated for the purpose of disposal of the above said criminal appeal and the petition.

(2.) One Indirani, wife of Dhanraj, who is the appellant in C. A. 112 of 1982, and one Krishnaveni, were working as Staff Nurses in the Government Headquarters Hospital, Cuddalore, during the relevant period. It would appear that there was a quarrel between the two women, and Indirani gave a report to the police against Krishnaveni alleging offences under S. 7(1)(d) of the Protection of Civil Rights Act, and under S. 323 of the Indian Penal Code. A case was registered and a charge sheet was filed in C. C. 261 of 1980 against the said Krishnaveni on the file of the Judicial Second Class Magistrate, Cuddalore. Almost simultaneously, a complaint was laid by Krishnaveni to the police for an offence under Ss. 332 and 448 of the Indian Penal Code, and a case was registered in G. C. 620 of 1980 on the file of the Chief Judicial Magistrate, Cuddalore and a charge sheet was filed. The learned Magistrate who tried the said case discharged Indirani as no evidence was disclosed against her. The case proceeded against her husband and ultimately he was convicted under S. 332 of the Indian Penal Code, and sentenced to suffer rigorous imprisonment for a period of one month and also to pay a fine of Rs. 100. An appeal was preferred against the same before the learned Sessions Judge, Cuddalore. With reference to the other case filed by Indirani against Krishnaveni, the trial was pending and at that stage Indirani filed a petition in Cr. M. P. 2185 of 1981, to withdraw C. C. 261 of 1980 on the file of the Judicial Second Class Magistrate, Cuddalore, and transfer the same to any other court. The matter was heard by Mr. Justice Sathar Sayeed and by then, the parties had cooled down and they were in a mood to drop further proceedings in both the matters. Accordingly, both the parties, namely, Indirani and Krishnaveni, made a written endorsement before this court on 26-6-1981, stating that they are willingly compromising the matter between themselves and that all the proceedings could be terminated. In view of the endorsement, the appeal pending before the learned Session Judge, was withdrawn to this Court for disposal and numbered as C.A. No. 112 of 1982.

(3.) Now, the only point that remains for consideration is what is the proper order to be passed in the criminal appeal and the petition.