B.Ravichandra Age 27 Yrs, v. Smt.Kavya Rao, Age 27 Yrs,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.06.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.8136 of 2014 B.Ravichandra ... Petitioner Vs Kavya Rao ... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for records pertaining to Crl.M.P.No.23 of 2014 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai and quash the same as against the petitioner.
For Petitioner : Mr.S.Udayakumar For Respondent : Ms.B.Anitha Narayanan
O R D E R
This is a petition to quash the proceedings initiated by the respondent under the provisions of the Domestic Violence Act.
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent and perused the materials placed on record.
3. It is seen that Ravichandra the petitioner herein got married to Kavya Rao on 21.10.2007 and they have a child through the wedlock. Irreconcilable differences arose between the spouses resulting in several cases and counter cases being filed against each other.
4. Suffice to say that the matter went before the Supreme Court of India in Transfer Petition [Civil] Nos.290-291 of 2014 for transferring all the cases in various states before one Court. In the transfer application, the Supreme Court has referred the matter to the Mediation Centre before the Delhi High Court. In the Mediation Centre before the Delhi High Court, the parties appear to have entered into a settlement on 31.05.2014. A copy of the settlement agreement has been produced before this Court. https://hcservices.ecourts.gov.in/hcservices/
5. Learned counsels appearing for both the parties agreed that their parties have amicably settled all the issues. Clause [i] of the settlement agreement reads as follows:
"Upon the grant of divorce, the First Party agrees and undertakes to withdraw the complaint filed by her under Section 498A/406/34 IPC with Commissioner of Police, Chennai, the petition filed by her under the provisions of Domestic Violence Act, pending presently before the 9th Metropolitan Magistrate, Saidapet and also the petition field by her for grant of divorce being HMA case No.572/2014 pending before the Family Court at Chennai."
It is represented by both the counsels that the marriage has been dissolved.
6. In view of the above, the proceedings in Crl.M.P.No.23 of 2014 pending on the file of the IX Metropolitan Magistrate, Saidapet, Chennai is hereby quashed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gya To The IX Metropolitan Magistrate, Saidapet, Chennai +1cc to Mr.S.Udayakumar, Advocate, S.R.No.28027 +1cc to Mr.S.Ananthanarayanan, Advocate, S.R.No.28835 CRL.OP.No.8136 of 2014 SVI(CO) CA(18/06/2015) https://hcservices.ecourts.gov.in/hcservices/