JUDGMENT (Prayer: Criminal Appeal filed u/s.374(2) of the Code of Criminal Procedure is filed to set aside the order passed by the Hon''ble Sessions Judge, (Mahalir Needhimandram) Chennai, in S.C.No.249 of 2014 on 05.04.2016 and acquit the appellant / accused in Crime No.12 of 2013 on the file of Inspector of Police, W18 All Women Police Station, Chennai District.) Mr.C.Illaiyaraja, the sole accused in Crime No.12 of 2013 has filed this appeal aggrieved by the judgment of the Hon''ble Session''s Judge (Mahalir Needhimandram) Chennai, dated 05.04.2016 in S.C.No. 249 of 2014 in and by which he was found guilty for the offence under Section 498(a) of the Indian Penal Code and was sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.10,000/-, and in default of payment of the fine, he has to undergo 6 months of rigorous imprisonment, and the offence under Section 323 of the Indian Penal Code and was sentenced to undergo three months simple imprisonment and to pay a fine of Rs.1,000/-, and in default, to undergo further period of two weeks simple imprisonment. 2. When this matter came up for hearing, considering that the issue was between the husband and wife, this Court directed the respondent Police to inform PW1/K.Chitra who is the wife/defacto complainant, in this case, about the hearing of the complaint and the accused was also present. Since PW1 appeared before this Court, learned counsel Mr.George Williams is also permitted to appear on behalf of PW1 as in this case the compromise talks were undertaken. In that view of the matter the registry is directed to accept the Vakalatnama of the learned counsel Mr.George Williams and place on record. After conciliation by this Court and by both sides'' learned counsel, they have amicably resolved the issues between themselves whereby, they have resolved their marital conflicts and decided to peacefully separate by filing an application for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1985, before the concerned Court. 3. Towards all the claims of maintenance arrears of the maintenance for the wife and the children, the PW1/Defacto complainant K.Chitra agreed to accept the one time payment of Rs.50,000/- along with another sum of Rs.12,000/- totally amounting to Rs.62,000/-. 3. Towards all the claims of maintenance arrears of the maintenance for the wife and the children, the PW1/Defacto complainant K.Chitra agreed to accept the one time payment of Rs.50,000/- along with another sum of Rs.12,000/- totally amounting to Rs.62,000/-. A total amount of Rs.50,000 is now being paid in the Court and the further sum of Rs.12,000/- will be transferred online through G-pay within 10 days from today. A monthly maintenance of a sum of Rs.25,000/-, will be deducted from his salary as he is working as a Driver in the Tamil Nadu State Transport Corporation Limited, Coimbatore Division and the concerned pay disbursing officer will directly deduct the said sum of Rs.25,000/- and pay it to the credit of the Bank Account of PW1, namely K.Chitra, Indian Bank Savings Account No.6315189837, IFC Code No.IDBI 000 E009, Erukkencherry (112) Branch Erukkenchery, Chennai. 4. In that view of the matter, following the dictum laid down by the Hon''ble Supreme Court of India in B.S. Joshi''s case and the later rulings in respect thereof, the present Criminal Appeal No.307 of 2016 is allowed on the following terms: (i) The conviction by the learned Court and sentence imposed on the appellant vide judgment dated 05.04.2016, for offences under Sections 498(A) and 323 of Indian Penal Code shall stand set aside, and the appellant is acquitted of the charges; (ii) The fine amount, if any paid, is ordered to be refunded to the appellant; (iii) The Joint Memo of compromise filed by the appellant and the defacto complainant / K.Chitra shall form part of this judgment; (iv) As agreed between the parties, the Branch Manager or the concerned pay disbursal officer of the appellant/Mr.C.Ilaiyaraja (who is a senior driver bearing PR No.C24867), and the Managing Director of the Tamil Nadu State Transport Corporation Limited, Coimbatore Division, or the appropriate division as the case may be, shall keep deducting a sum of Rs.25,000/- per month from the month of April 2023 from his salary and credit the same into the Bank Savings Account of the Defacto complainant, namely K.Chitra, bearing Indian Bank Account No.6315189837; (v) Also in view of clause 6(c) of the joint memorandum of compromise, at the time of his retirement, 50% of all the total benefits payable shall also to be straightaway transferred to PW1, K.Chitra; 5. With the above directions, the Criminal Appeal is disposed of.