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Madras High CourtCRL OP/15964/2016allowed

Miss I.Nithiya v. The Inspector Of Police

2016-09-01Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl. OP Nos.15964 of 2016 and Crl.O.P.No.20110/2016 and Crl.M.P.Nos.7799 and 7800 of 2016 Nithiya Petitioner in Crl.O.P.15964/2016 Joseph Sagayaraj Petitioner in Crl.O.P.20110/2016 Vs.

1. State Rep by:

The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai - 600 040.

R1 in Crl.O.P.15964/2016 & R2 in Crl.O.P.20110/2016

2. Aliveni R2 in Crl.O.P.15964/2016 & R1 in Crl.O.P.20110/2016 Crl.OP.No.15964 of 2016 filed under Section 482 Cr.P.C., to call for the records in CC. No. 2651 of 2015 on the file of Hon'ble V Metropolitan Magistrate Egmore, Chennai and quash the proceedings insofar as the petitioner/A2 is concerned. Crl.OP.No.20110 of 2016 filed under Section 482 Cr.P.C., to record the joint memo of compromise entered into between the petitioner and respondent and to quash the criminal proceedings in C.C.No.2651 of 2015 before the V Metropolitan Magistrate, Egmore and Domestic Violence Complaint in C.C.No.,864 of 2015 before the V Metropolitan Magistrate, Egmore. IN CRL.OP.NO.15964 OF 2016:

For Petitioner :

Mr. C. Dinesh Kumar For Respondents :

Mr. C. Emalias Addl. Public Prosecutor for R1 Ms. Mahalakshmi for R2 IN CRL.OP.NO.20110 OF 2016:

For Petitioner :

Mr. Joseph Sagayaraj, Party-in-person For Respondents :

Ms. Mahalakshmi for R1 Mr. C. Emalias Addl. Public Prosecutor for R2

C O M M O N O R D E R On the complaint lodged by Aliveni, the respondent police registered a case in Cr.No.2 of 2015 and after completing the investigation, has filed a Final Report in C.C.No.2651 of 2015 before the V Metropolitan Magistrate, Egmore, for offences u/s 498A, 406 and 506(ii) IPC against one Joseph Sagayaraj and Nithiya, challenging which they have filed the aforesaid petitions for quash on the ground that Joseph Sagayaraj and Aliveni have arrived at a mutual compromise.

2. It may be relevant to state here that Crl.O.P.No.20110 of 2016 has been filed by Joseph Sagayaraj as party-in-person.

3. Today, when the matter was taken up for hearing, Ms.P.Latha, WHC-17028, W-7, All Women Police Station, Anna Nagar, is present. Joseph Sagayaraj, Nithiya and Aliveni are present and they are identified by Ms.P.Latha as well their respective counsel.

4. Joseph Sagayaraj and Aliveni have entered into a joint memo of compromise, the terms of which are as follows: "Based on the compromise arrived it is mutually agreed to the following terms and conditions: a) It is mutually agreed that the petitioner husband will pay Rs. 5,000 (Five Thousand only) per month on or before 5th of every month to maintain the children by depositing Rs.5,000 (Five thousand only) in AXIS Bank Account No. 915010017390442. Account Holder Name Y.Aliveni, IFSC CODE : UTIB0001619. b) It is mutually agreed to grant visitation rights to the petitioner husband to visit the children on the First Week Sunday of every month from 10 a.m to 11 a.m at the residence of the respondent being ST. ANTONY CHURCH, Chennai-19 by depositing the maintenance money of Rs.5,000/- per month is condition precedent.

c) It is mutually agreed that the marriage solemnised on 27 July 2004 at No.21, II Line Beach Road, Parrys, Chennai - 600 001 and the same was duly registered before the Sub Registrar, RAYAPURAM via Serial No.237/2004 be dissolved.

d) It is mutually agreed that the permanent custody of the two children (twins) namely Mhaanvi & Thaanvi aged about two years will be with me, the respondent herein being Y.Aliveni D/o. Y.K. Naidu. e) Based on the compromise arrived I agree to

withdraw the criminal complaint in CC. 2651/2015 before Hon'ble V Metorpolitan Magistrate, Egmore and Domestic Violence Complaint in CC. 864/15 before Hon'ble V Metropolitan Magistrate, Egmore and the Criminal Compliant.

It is therefore humbly prayed to record the joint memo of compromise entered into between the petitioner and respondent and to quash the criminal proceedings in CC. 2651/2015 before Hon'ble V Metropolitan Magistrate, Egmore and Domestic Violence Complaint in CC. 8674/15 before Hon'ble V Metropolitan Magistrate, Egmore."

The parties are directed to comply with the above said terms of compromise.

In the result, the petitions are allowed and the prosecution in C.C.No.2651 of 2015 and C.C.No.8674 of 2015 pending on the file of the V Metropolitan Magistrate, Chennai are hereby quashed. Consequently, connected miscellaneous petitions are closed.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

gms To

1. The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai - 600 040.

2.V Metropolitan Magistrate Egmore, Chennai.

3. The Public Prosecutor, High Court, Madras - 104.

4. -do- Thro The Chief Metropolitan Magistrate, Egmore, Chennai +1 CC to Mr. R. Ganesh Babu, Advocate, Sr.NO.15964 Crl. OP Nos.15964 of 2016 and 20110/2016 UG (CO) MD : 16/09/2016