Chirstopher L.Herft v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.14388 of 2016 Christopher L Herft .. Petitioner Vs 1.State rep by The Inspector of Police Law and Order P-5, M.K.B.Nagar Police Station Chennai 600 039.

2.S.Akila .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records of the 1st respondent in FIR No.195 of 2016 and quash the same.

For Petitioner :

Mr.C.Senapathi For R1 :

Mr.C.Emalias Addl.Public Prosecutor

O R D E R

This petition has been filed to call for the records on the file of the 1st respondent in FIR No.195 of 2016 and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. For the sake of convenience, the parties will be referred to by their name.

4. Christopher L.Herft married Akila on 28.05.2012 and their marriage ran into rough weather. On the complaint lodged by Akila, the respondent police have registered a case in Cr.No.195/2016 on 18.02.2016 against Christoper for offences u/s 294(b), 448 and 506 (ii) IPC, for quashing which, Christopher has filed this petition on the ground that the parties have arrived at a compromise.

5. Today, Akila is present before this Court and she has been identified by Mr.D.Parthasarathy, learned Advocate. Akila has filed an affidavit, wherein it is stated as follows: "2. I submit that I got married with the petitioner during 2012 and during the matrimonial life there were several disputes and on 15.02.2016 https://hcservices.ecourts.gov.in/hcservices/

the petitioner locked the defacto complainant keeping her inside the house, on call made to 100, the police arrived and later after the police left, the defacto complainant held life threat. And subsequently a FIR in Crime No.195 of 2016 was registered against the petitioner herein under sections 294b, 448, 506(2).

3. I submit that I and the petitioner herein entered into compromise and filed petition for divorce by mutual consent and the same is pending on the file of the II Additional Family Court, at Chennai in I.D.O.P.No.1793 of 2016.

4. I submit that I gave a letter to the first respondent not to proceed further as against the petitioners/accused as compromise was entered between them.

5.I submit that I have no objection to quash the FIR in Crime No.195 of 2016 on the file of the first respondent in view of the compromise entered between myself and the petitioners/accuses."

In view of the above, this petition is allowed and the proceedings in FIR in Cr.No.195 of 2016 on the file of the first respondent is quashed.

-sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar gms To 1.The Inspector of Police Law and Order P-5, M.K.B.Nagar Police Station Chennai 600 039.

2.The Public Prosecutor, High Court, Madras.

+1 cc to MR.C.SENAPATHI ADVOCATE SR.NO. 39082 PA[CO] RD : 27/07/2016 https://hcservices.ecourts.gov.in/hcservices/