A.Chandramohan v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.17091 of 2015 and MP.Nos.1,2 of 2015 1.A.Chandramohan 2.Sarathambal ... Petitioners/Accused Vs 1.State by Inspector of Police, B-14, Kuniamuthur Police Station, Coimbatore District Now transferred to Inspector of Police, All Women Police Station [West], R.S.Puram, Coimbatore. .. 1st Respondent/Complainant 2.S.Susila ... 2nd Respondents/Defacto Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in CC.No.70 of 2014 on the file of the learned Mahila Court, Coimbatore and quash the same. For Petitioners : Mr.G.Jeremiah For Respondents : Mr.C.Emalias, APP [for R1] Mr.A. Gouthaman for R2

O R D E R

This petition has been filed to quash the proceedings in CC.No.70 of 2014 on the file of the Mahila Court, Coimbatore.

2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials placed on record.

3. On a complaint lodged by Susila, the respondent Police registered a case in crime No.384 of 2013 and after completing investigation, filed a Final Report against the petitioners/accused who are the husband and mother-in-law of the de facto complainant for offences under Section 498A, 506[i] IPC before the learned Additional

Mahila Judge [Magisterial Level], Coimbatore, challenging which, the petitioners/accused are before this Court in this quash application, on the ground that the accused and the de facto complainant have arrived at a compromise.

4. Today Ms.C.Mekala, Sub Inspector of Police, All Women Police Station, Coimbatore is present. S.Susila the de facto complainant is also present and she has been identified by the Sub Inspector of Police. Susila has filed an affidavit, wherein, in paragraph Nos.2,3 and 4, it is stated as follows:

"2.I state that differences arose between the petitioner and myself which resulted in a break down of our marriage. I preferred a complaint to the Inspector of Police B13 Kuniamuthur, Coimbatore. My complaint was registered as Crime No.384 of 2013 under Section 498A, 506 [ii] read with Section 4 of Tamilnadu Women Harassment Act. A final report was laid in CC.No.70 of 2014 on the file of Additional Mahila Court, Coimbatore.

3.I most respectfully submit that on the guidance and advice made by the elders of the family I have decided to withdraw the case filed by me against by my husband and my mother-in-law. Accordingly I have decided to withdraw my complaint registered as Crime No.384 of 2013 which resulted in CC.No.70 of 2014 filed before the Additional Mahila Court, Coimbatore.

It is therefore prayed that this Honourable court may be pleased to record the compromise entered into between the petitioner and the respondent herein and quash all the criminal proceedings in Crime No.384 of 2013 and CC.No.70 of 2014 on the file of Additional Mahila Court, Coimbatore and thereby render justice."

5. In view of the settlement arrived at between the parties, the proceedings in CC.No.70 of 2014 is hereby quashed and the petition is allowed. Consequently, connected Miscellaneous Petitions are closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To

1. The Judge, Mahila Court, Coimbatore.

2. Inspector of Police, All Women Police Station [West], R.S.Puram, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Nambiselvan, Advocate sr.36772 CRL.OP.No.17091 of 2015 scd[co] srg 05.08.2015