A.Anand, M/A.34 Years v. State Through
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2018
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.Nos.10840 of 2018 and Crl.O.P.No.8454 of 2017 and Crl.M.P.No.6045 of 2017 A.Anand ...
Petitioner in Crl.O.P.No.10840 of 2018/A 1 1.P.Ayyakkannu 2.S.Vanmathi ...
Petitioners in Crl.O.P.No.8454 of 2017/A2 & A3 Vs 1.State through The Inspector of Police, W-15, All Women Police Station, Royapuram, Chennai-600 013.
2.A.Swapna ... Respondents in both petitions Prayer in both petitions:- Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure to call for the records in Crime No.6 of 2016 pending investigation on the file of the 1st respondent and to quash the same. For Petitioners :Mr.R.Ganesh Kumar in both petitions For Respondents :Ms.P.Kritika Kamal, Government Advocate (Crl.Side) for R1 in both petitions Mr.S.Kesavan for R2 in both petitions
COMMON ORDER These petitions have been filed to quash the proceedings in Crime No.6 of 2016 on the file of the 1st respondent police. 2.Swapna got married to Anand on 12.02.2016 and after marriage, on account of misunderstanding, they got separated. On the complaint lodged by Swapna, the police have registered a case in Crime No.6 of 2016 on 25.08.2016 for the offences under Sections 417, 406, 498A and 506(i) of IPC against Anand(A1), Ayyakkannu(A2) and Vanmathi(A3). Now, these petitions have been filed for quashing the FIR on the ground that the defacto complainant and the petitioners/accused have arrived at an amicable settlement.
3.Today, Anand(A1), Ayyakkannu(A2), Vanmathi(A3) and Swapna, the defacto complainant are present before this Court. 4.Swapna has filed an affidavit, wherein at Paragraphs 4, 5 and 6 it is stated as follows:
"4.I submit that I am willing to close/quash the FIR which was registered as against my husband and his parents based on the mutual settlement arrived between myself and the petitioner herein. I submit that I have as on date received a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) through Demand Draft dated 22.03.2018 vide No.549104 drawn on M/s.State Bank of India, Nagapattinam Branch and agreed to receive further sum of Rs.13,00,000/- (Rupees Thirteen Lakhs only) as permanent alimony. The same shall be paid as mentioned/scheduled in the petition for Divorce on the Ground of Mutual Consent.
5.I submit that my father-in-law and mother-in-law, who are arrayed as second and third accused in the FIR have also preferred a Quash petition in Crl.O.P.No.8454 of 2017 for quashing the FIR and I am also prepared to give consent for quashing the case as against them also, for the reasons stated in the foregoing paragraphs.
6.I submit that no prejudice will be caused if this quash petition is allowed. It is submitted that the First Information Report, which had been registered by the first respondent indicates a matrimonial dispute between myself and the petitioner which is private nature. It is no doubt true that the First Information Report was the basis of the investigation by the
Police authorities, but the dispute between the parties remained one of a personal nature."
In view of the above, these Criminal Original Petitions are allowed and the FIR in Crime No.6 of 2016 pending on the file of the 1st respondent police is hereby quashed.
Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-vi) //True Copy// Sub Assistant Registrar mps To 1.The Inspector of Police, W-15, All Women Police Station, Royapuram, Chennai-600 013.
2.The Public Prosecutor, Madras High Court, Chennai.
+2cc to Mr.R.GANESHKUMAR, Advocate, S.R.No. 25444 & 25445 Crl.O.P.Nos.10840 of 2018 and Crl.O.P.No.8454 of 2017 and Crl.M.P.No.6045 of 2017 RK(CO) TR(09/04/2018)