R.Sarathy v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7208 of 2023 Crl.M.P.No.4810 of 2023

1. Sarathy

2. S.Rajendran ... Petitioners Vs.

1. The State Rep. by The Inspector of Police, B-4 High Court Police Station, High Court, Chennai - 600 104.

2. L.Venkatesan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records and quash the proceedings in Crime No.8 of 2022 on the file of the first respondent.

For Petitioners : Mr.R.Vivekananthan For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This petition has been filed to quash the F.I.R. in Crime No.8 of 2022 registered by the first respondent police for offences punishable under Sections 294(b), 323 & 506(1) of IPC, as against the petitioners. 2.

The case of the prosecution is that the first petitioner is the husband and the defacto complainant's sister's daughter is the wife. When the defacto complainant came with his sister's daughter to attend the Family Court proceedings, the first petitioner abused his wife with filthy language and also attempted to assault her. Hence, the complaint. 3.

Heard the learned Counsel appearing on either side and perused the materials placed on record.

4.

It is seen that after registration of FIR, there is an amicable settlement between the first petitioner and his wife. Both of them filed a petition in F.C.O.P.No.3255 of 2022 before the learned V Additional principal Family Court, Chennai, for divorce by mutual consent and the same was allowed by granting divorce by an order dated 08.02.2023. Therefore, mere keeping the FIR pending would not serve any purpose, since the matter has

been settled between the first petitioner and his wife by consent decree for divorce. Therefore, in order to meet the ends of justice, this Court is inclined to quash the First Information Report.

5.

Accordingly, the impugned F.I.R. in Crime No.8 of 2022 on the file of the first respondent, is hereby quashed and the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.

07.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To

1. The Inspector of Police, B-4 High Court Police Station, High Court, Chennai - 600 104.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

rts Crl.O.P.No.7208 of 2023 Crl.M.P.No.4810 of 2023 07.04.2025