Santhosh Arunagiri v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27505 of 2015 1.Santhosh Arunagiri 2.A.Selvi ... Petitioners Vs., 1.The Inspector of Police, W-7, All Women's Police Station, Anna Nagar, Chennai-600 040.

2.Dr.Sridevi Shalini Saichandran ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and to quash the FIR in Crime No.8 of 2013 on the file of the 1st respondent-police. For Petitioners : Mr.Sudha Ramalingam For respondents : Mr.C.Emalias, APP (for R1) Mr.Geetha Ramaseshan (For R2)

O R D E R

The present criminal original petition has been filed seeking to quash the First Information Report in Crime No.8 of 2013 pending on the file of the 1st respondent-Police. 2.In the affidavit filed in support of the petition, it has been stated by the petitioners that the marriage between the 2nd respondent herein/defacto-complainant and the 1st petitioner herein took place on 20.03.2011 as per the Hindu rites and customs. But, after the marriage, the 1st petitioner and the 2nd respondent had various problems; hence, a divorce petition in O.P.No.2785 of 2013 was filed by the Defactocomplainant before the learned Principal Judge, Family Court at Chennai. The 1st petitioner has also filed a divorce petition in O.P.No.3012 of 2013. Both the divorce petitions are pending. While so, on 15.10.2013 a complaint was lodged by the defactocomplainant before the 1st respondent-Police against the petitioners herein for the alleged offence under Sections 498A

and 406 IPC, based on which a case has been registered in Crime No.8 of 2013 on the file of the 1st respondent-Police. Now, the petitioners have come forward with the present petition seeking to quash the First Information Report in Crime No.8 of 2013 pending on the file of the 1st respondent.

3.Today, when the matter is taken up for consideration, the 2nd respondent/defacto-complainant has filed an affidavit stating that due to the good advice and counseling given elders of both families, the disputes between the 1st petitioner and the defacto-complainant were amicably settled and now, they have filed petition for divorce by mutual consent in O.P.1675 of 2015 before the learned Principal Family Court, Chennai. Further, the 1st petitioner has agreed to pay Rs.25 lakhs towards full and final settlement to the 2nd respondent/defacto-compalinant. In pursuance to the same, the 1st petitioner has paid a sum of Rs.5 lakhs and agreed to pay the remaining sum of Rs.20 lakhs today i.e., 18.11.2015. The 2nd respondent / defacto-complainant has also agreed, not to press the complaint pending Crime No.8 of 2015 on the file of the 1st respondent-Police and she has no objection for quashing the First Information Report in Crime No.8 of 2015.

4.Heard the learned counsel for the petitioners, the learned counsel for the 2nd respondent/defacto-complainant and the learned Additional Public Prosecutor appearing for the 1st respondent-Police.

5.In view of the compromise arrived at between the parties, this Court is of the view that continuation of the criminal proceedings, after the compromise, is only going to be a futile exercise. Therefore, the criminal original petition is allowed and the First Information Report in Crime No.8 of 2015 pending on the file of the 1st respondent-Police is quashed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar ssv To 1.The Inspector of Police, W-7, All Women's Police Station, Anna Nagar, Chennai-600 040.

2.The Public Prosecutor, High Court, Madras.

+1cc to M/S.Geeta Ramaseshan, Advocate Sr.62712 Crl.O.P.No.27505 of 2015 pa[co] srg 29/12/2015