B.Surendrababu v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.21863 of 2015 and M.P.No.1 of 2015 B.Surendrababu .. Petitioner Vs 1.State of Tamil Nadu rep by Inspector of Police S 13, Chrompet Police Station Chrompet, St.Thomas Mount Dist.
Chennai (Crime No.808 of 2015) 2.Anisha .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the FIR in Cr.No.808 of 2015, on the file of the Inspector of Police, S13 Chrompet Police Station, Chrompet, St.Thomas Mount District, Chennai and to quash the same.
For Petitioner : Mr.K.Subbu Ranga Bharathi For R1 : Mr.C.Emalias, Addl.Public Prosecutor For R2 : Mr.P.K.Ganesh
O R D E R
This petition has been filed to call for the records relating to the FIR in Cr.No.808 of 2015, on the file of the Inspector of Police, S13 Chrompet Police Station, Chrompet, St.Thomas Mount District, Chennai and to quash the same.
2. For the sake of convenience, the parties will be referred to by their name.
3. Anisha got married to Surendrababu on 10.05.2006 and they have one son through the wedlock. It appears that their marriage ran into rough weather and the parties got estranged. While so, Anisha lodged a complaint, based on which the respondent police registered a case in Cr.No.808 of 2015 on 24.03.2015 under Sections 294(b) and 506(i) IPC against Rangarajan, Parvathy, Siddique and Surendrababu. Now it appears that the parties have arrived at an amicable settlement.
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4. Today, Lakshmanan, Sub Inspector of Police, S.13, Chrompet Police Station is present. Anisha, the defacto complainant is also present and she has been identified by the said Police Officer. Anisha has filed an affidavit, wherein it is stated as follows in paragraphs 4, 5 and 6:
"4. I state that I have entered into a joint memo of compromise dated 15.09.2015 with the petitioner. I undertake that I will act upon the terms of joint memo of compromise. I will not violate the terms of joint memo of compromise.
5. I submit that the petitioner has also sworn a separate affidavit herein, reporting the compromise and seeking quash of the proceedings in Cr.No.808 of 2015 pending on the file of the learned Judicial Magistrate, Tambaram.
He undertakes that he will act upon the terms of memo of compromise. He also agreed that he will not violate the terms of joint memo of compromise.
6. I submit that prima facie the issue was family dispute, nevertheless the issue has been amicably settled between us and therefore the pendency of the Cr.No.808 of 2015 pending on the file of 1st respondent against the petitioners would not serve any useful purpose."
In view of the above, this petition is allowed and the FIR in Cr.No.808 of 2015 pending on the file of the first respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed.
-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar To
1. Inspector of Police S 13, Chrompet Police Station Chrompet, St.Thomas Mount Dist.
Chennai.
2.The Public Prosecutor, High Court, Madras.
+4 ccs Mr.K.Subbu Ranga Bharathi, Advocate, sr.52635 (29/09/2015) Crl.O.P.No.21863 of 2015 ts(co) cp 28/09/2015 https://hcservices.ecourts.gov.in/hcservices/