Immanuel Deepak, v. State Rep. By The Inspector Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.12170 of 2016 1.Immanuel Deepak 2.Rekha Angeline ..Petitioners/Accused Vs 1.State rep by The Inspector of Police W-31 All Women Police Station St.Thomas Mount Chennai 16.
(Crime No.2/2015) 2.F.Rini Franklin .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to FIR in Cr.No.2 of 2015 on the file of the 1st respondent and quash the same. For Petitioners :
Mr.A.R.Nixon For R1 :
Mr.C.Emalias Addl.Public Prosecutor For R2 :
Mrs.Hennrietha Chinnathambi
O R D E R
This petition has been filed to call for the records relating to FIR in Cr.No.2 of 2015 on the file of the 1st respondent and quash the same.
2. Heard the learned counsel for the petitioners, learned Additional Public Prosecutor appearing for the State and learned counsel appearing for the second respondent.
3. On the complaint lodged by the second respondent, the police registered a case in Cr.No.2/2015 on 08.04.2015 for an offence u/s 498-A and Section 4 of the Dowry Prohibition Act against the petitioners herein, challenging which the petitioners are before this Court on the ground that they have entered into an amicable settlement with the second respondent/de facto complainant. It is seen that after registration of the FIR, the petitioners filed Crl.O.P.No.9833/2015 for anticipatory bail and the matter was referred to the Tamil Naud Mediation and Conciliation Centre, where the parties have arrived at a compromise, which is as
follows:
"Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:
1. Both the Parties have agreed to annal their marriage in accordance with law.
2. The petitioner/husband has agreed to make a full and final settlement of Rs.10,00,000/- [Rupees ten lakhs] and 5 sovereigns in gold coins towards maintenance and alimony to the intervener/wife.
3. The Intervener/wife has agreed to receive the said full and final settlement amount of Rs.10,00,000/- [Rupees ten lakhs] and 5 sovereigns in gold coins.
The petitioner/husband shall make the settlement payment by way of Demand Draft in the name of Intervener/wife/defacto complainant.
4. The petitioner/husband has agreed to make a full and final settlement amount in three installment.
i) The first payment towards full and final settlement of Rs.3,00,000/- [Rupees three lakhs] on 07.03.2016.
ii) The second payment towards full and final settlement of Rs.4,00,000/- [Rupees four lakhs] on or before 05.04.2016.
iii) The Third payment towards full and final settlement of Rs.3,00,000/- [Rupees three lakhs] on or before 05.05.2016.
5. The petitioner/husband shall file a petition before the Hon'ble court to quash the above FIR and the criminal complaint pending before the respondent police herein and intervener/wife has agreed to file a supporting affidavit in the quash petition.
6. The articles and Jewellery have been exchanged between the parties and there is no claim against each other.
7. The petitioner/husband agreed to file requisite affidavit, proof affidavit or other relevant documents in the family court to annal their marriage.
8. Both parties agree that they have no further claims against each other with respect to their marriage."
4. Today when the matter was called, Mrs.Hennrietha Chinnathambi, learned counsel appearing the second respondent/de facto complainant submitted that the parties
have arrived at a compromise as stated above and the de facto complainant has no objection for quashing the FIR. Recording the same, this petition is allowed and the FIR in Cr.No.2/2015 is quashed against all accused. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gms To 1.The Inspector of Police W-31 All Women Police Station St.Thomas Mount Chennai 16.
2.The Public Prosecutor, High Court, Madras.
+2 cc to Mr.A.R.Nixon Advocate Sr.No.36551 Crl.OP No.12170 of 2016 pvs(co) cp 23/07/2016