I.Gopalakrishnan v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.06.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.14151 of 2015 1.I.Gopalakrishnan 2.Irudhayaraj 3.Begum 4.Anandraj ... Petitioners Vs
1. The State Rep. By Inspector of Police, W-4, All Women Police Station Kilpauk, Chennai - 600 008.
2. G.Nirmala ... Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in C.C. No.7345 of 2014 pending on the file of II Metropolitan Magistrate, Egmore, Chennai, quash the entire proceedings.
For Petitioner : Mr.R.Muniyapparaj For Respondents : Mr.C.Emalias [R1] Additional Public Prosecutor Mr.D.Senthil Kumar [R2]
O R D E R
This Criminal Original Petition has been filed praying to call for the records in C.C. No.7345 of 2014 pending on the file of II Metropolitan Magistrate, Egmore, Chennai, quash the entire proceedings.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent and Mr.D.Senthil Kumar, the learned counsel for the second respondent.
3. It is seen that G.Nirmala, defacto-complainant got married to I.Gopalakrishnan (A1) on 14.06.2006 and after marriage, their matrimonial life ran into rough weather and the parties got estranged. On a complaint lodged by G.Nirmala, the respondent Police registered a case in Crime No.W4 Cr.No.08/2013 under Section 498(A), 406, 494, 506(i) IPC against I.Gopalakrishnan and three others. After completing investigation, the respondent Police filed a final
report before the learned II Metropolitan Magistrate, Egmore, which has been taken on file as C.C.No.7345 of 2014. During the pendency of the case, the parties appear to have entered into an amicable settlement and therefore they have filed this present petition for quashing the prosecution.
4. Today, G.Nirmala, is present and she has been identified by Mr.D.Senthil Kumar, Advocate (Enrolment No.814 of 2013). She has also filed an affidavit wherein in paragraph 2 and 3, she has stated as follows :
"2. I submit that based on my complaint, the case was registered and the charge sheet also filed against A1 to A4 in C.C. No.7345 of 2014 pending on the file of II Metropolitan Magistrate, Egmore, Chennai. I further submit that they are my very close relatives. On each and every occasion, in the family functions, all my elders of the family advised to sort out the issues between A1 to A4, also considering the child's future. Now as per the advice of elders and for other reason, myself and the A1 to A4 arrived at a conclusion to settle the matter amicably by way of compromise. Based on the same, the entire issue was settled amicably. Therefore, this decision had taken for better life of the child. Hence, I further state that I am willing to withdraw all the allegations against A1 to A4 and settle the matter amicably.
3. I further submit that in these circumstances, I humbly prayed before this Hon'ble Court may kindly accept my affidavit and pass such necessary orders and other further orders as this court may deem to fit in this case and render justice.
5.This Court enquired her and she has stated that she has appeared voluntarily before this Court and filed the aforesaid affidavit. The accused are also present before this Court. Relying upon the Supreme Court judgment in Narindar Singh and Others Vs. State of Punjab and Another in(2014) 6 SCC 466, proceedings in C.C. No.7345 of 2015, on the file of the II Metropolitan Magistrate, Egmore, is hereby quashed.
6. With the above directions, the Criminal Original Petition is allowed.
ds s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar
To
1. The Inspector of Police, W-4, All Women Police Station Kilpauk, Chennai - 600 008.
2. The II Metropolitan Magistrate, Egmore, Chennai.
3. -do- thro'The Chief Metropolitan Magistrate, Egmore, Chennai 8.
4. The Public Prosecutor, High Court, Madras.
skv(co) prk19/6 Crl.OP.No.14151 of 2015