V.Sugan v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2022
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.10278 of 2022 and Crl. MP.No.6096 of 2022 1.Mr.V.Sugan, 2.Mrs.Ganapathy Ramu @ Ruby, 3.Mr.V.Vimalan,
...Petitioners
Vs.
1.The State rep.by The Inspector of Police, W8 Thirumangalam All women Police Station.
Chennai 600 101.
2.S.Shoba
...Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to quash the FIR No.02/2014, dated 09/01/2014, on the file of the respondent police under section 498(A), 420, 506 (1) of IPC and final report in C.C.No.9952 of 2014 on the file of Chief Metropolitan Magistrate, Egmore, Chennai - 8.
For Petitioners : Mr.M.Vivekanandan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 Mr.J.R.K.Bhavanantham for Mr.K.Boopalan for R2
O R D E R
This Criminal Original Petition has been filed to quash the FIR No.02/2014, dated 09/01/2014, on the file of the first respondent police under Sections 498(A), 420, 506 (1) of IPC and final report in C.C.No.9952 of 2014 on the file of Chief Metropolitan Magistrate, Egmore, Chennai - 8.
2. The law was settled in motion on the basis of the FIR filed by the wife as against her husband and in-laws. Now the defacto complainant/wife, husband and mother-in-law are present before this Court. A2 died. The matter has been settled between them and wife has received all the jewels and amount and she submitted that she has no other claim as
against her husband. Husband also submitted that they have got separated by way of divorce by mutual consent in O.P.No.5283 of 2021 before the Family Court, Chennai and he has no claim against her wife. Since the matter has been settled between the parties, wife is not interested in prosecuting her husband and in-laws and moreover they have already obtained divorce, hence there is no purpose in keeping the Final Report and forcing the accused to face the ordeal of trial.
3. Such view of the matter, Final Report in C.C.No.9952 of 2014 on the file of Chief Metropolitan Magistrate, Egmore, Chennai is quashed. Taking note that the parties have also filed compromise petition before the Lok Adalat which is also recorded, FIR No.2 of 2014 on the file of the first respondent police is quashed. Both admitted before this Court that they would not file any unnecessary petition complaining against each other.
4. With the above observation, the criminal original petition is allowed. Consequently connected miscellaneous petition is also closed.
Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar dpq To 1.The Chief Metropolitan Magistrate, Egmore, Chennai - 8.
2.The Inspector of Police, W8 Thirumangalam All Women Police Station.
3.The Public Prosecutor High Court of Madras.
Crl.O.P.No.10278 of 2022 RR (CO) PR (14/07/2022)