T. Deepika v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3516 OF 2022 1.T.Deepika 2.T.Pavithra 3.Thirunavukarasu 4.Lakshmi 5.Iyappan 6.N.Gopinath 7.Mohan

...Petitioners/

Accused -Vs1. The State rep by, The Inspector of Police, Taluk Police Station, Villupuram.

2. S.Arasi .. Respondents/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to call for the records in Cr.No.50 of 2021 pending on the file of the 1st respondent police and quash the same.

For Petitioner :

Mr.K.Bommuraj For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 No appearance for R2

O R D E R

The Criminal Original Petition has been filed to call for the records in Cr.No.50 of 2021 pending on the file of the 1st respondent police.

2.The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.A Memorandum of Understanding has been filed before this Court, which have been signed by the 1st petitioner/wife and the son of the defacto complainant/husband of the 1st petitioner and all the parties to the proceedings are present before this Court and they were identified by their respective counsel. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves. The content of the Memorandum of Understanding is extracted hereunder:- ''1. Both parties will file the petition for divorce by mutual consent on any earliest mutually convenient date for either parties as soon as the lock down is eased before the Hon'ble Family Court at Chennai.

2. The First Party will return the house hold articles and the jewels of the Second Party as per the List in the Annexure-1 to this MOU on the date of filing of the mutual consent divorce petition. The First Party will bring the articles and jewels to the Family Court, Chennai from Villupuram and return the same to the Second Party on the date of filing of the mutual consent divorce petition.

3. The Second Party will return the gold jewels of the First Party as per the List of Jewels given in the Annexure -2 to this MoU on the date of filing of the mutual consent divorce petition.

4. The Second Party will withdraw the Maintenance case in M.C.No.162 of 2020 before the Hon'ble VII Addl. Family Court at Chennai and also withdraw the Domestic Violence case in D.V.C.No.31 of 2020 before the Hon'ble XVII Metropolitan Magistrate Court at Saidapet, Chennai on the date of filing of the mutual consent divorce petition.

5. The First Party will withdraw the divorce case in H.M.O.P.No.113 of 2020 filed before the Hon'ble Family Judge at Villupuram, on the date of filing of the mutual consent divorce petition which is already transferred to the Hon'ble VII Addl. Family Court at Chennai or as soon as the same is renumbered and notice of date of hearing is received by the parties to this MoU.

6. The Second Party will take responsibility to give written apology by her relative N.Gopinath to the First Party for the false statements and allegations made against the First Party, his mother Mrs.Arasi and his family members before all the authorities soon after filing the mutual consent divorce petition and prior to the date of filing of the mutual consent divorce petition.

7. The First Party shall refund the sum of Rs.1,33,230/- (Rupees One Lakh Thirty Three Thousand Two Hundred and Thirty Only) transferred by the Second Party during their marital life by way of demand draft or NEFT transfer on the date of final hearing of the mutual consent divorce Petition.

8. The First Party undertakes to cooperate for quashing the FIR in Crime No. 50 of 2021 on the file of the Taluk Police Station, Villupuram before the Hon'ble High Court at Madras by filing the no objection affidavit of the First Party's mother after completion of the mutual consent divorce proceedings as and when the Second Party and her relatives file the quash petition.

9. The Second Party agrees and undertakes to relinquish her right of maintenance for the past, present and future and permanent alimony from the First Party. She has no other claim whatsoever other than receiving the refund of Rs. 1,33,240/- to be paid by the First Party.

10.Both the First and Second Parties herein undertake that there are no other claims whatsoever against each other apart from the terms stated in this MoU.

11.Both the Parties undertake not to interfere in each other's lives in any manner whatsoever. The parties further undertake not to make any allegations either by self or through their friends, relatives, men, agents, servants, assigns or through any other person against each other and any of their family members in future and undertake not to interfere in their private life by any manner including dissemination of Information, photos or videos in any manner including through social media like Whatsapp, Twitter, Facebook etc. failing which the aggrieved person will be free to take legal action against the erring person.

12. Both parties understood the contents and legal import of this memorandum and in interest of both parties and their respective families they have signed their names in the presence of witnesses.''

4. Under such circumstances, no useful purpose will be served in keeping the proceedings in Crime No.50 of 2021 pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its

jurisdiction under Section 482 Cr.P.C. quash the proceedings in Crime.No.50 of 2021.

5. .Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime.No.50 of 2021 on the file of the 1st respondent police, Taluk Police Station, Villupuram is quashed and the Memorandum of Understanding shall form part and parcel of this order.

*Xerox copy of Memo of understanding is enclosed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Taluk Police Station, Villupuram.

2. The Public Prosecutor, High Court, Madras.

Copy To VII Additional Family Court, Chennai.

XVII Metropolitan Magistrate, Saidapet, Chennai.

The Judge, Family Court, Villupuram.

+1cc to Mr.J.Saravana Vel, Advocate, S.R.No.19286 +1cc to Mr.N.Karthikeyan, Advocate, S.R.No.19313 Crl.O.P.No.3516 of 2022 SKM(CO) PM/08/04/2022