Sivabalan v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.28188 of 2015 and M.P.No.1 of 2015 1.Sivabalan 2.Sivaraman 3.Latchumi 4.Bharathi Priya ... Petitioners Vs.

1.State rep. by Station House Officer, All Women Police Station, Karaikal.

2.S.Vetrichelvi ... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., praying to call for the records in Crime No.2 of 2014 on the file of the Station House Officer, All Women Police Station, Karaikal and to quash the same.

For Petitioners : Mr.P.Parthiban For Respondents : Mr.A.Tamilvannan, APP (P) (For R1) Mr.G.Padmanapan (For R2)

ORDER

This petition has been filed by the petitioner praying to quash the complaint in Crime No.2 of 2014 pending on the file of the 1st respondent-Police.

2.The petitioners herein have been arrayed as accused 1 to 4 respectively in the present case. The 2nd respondent herein is the defacto-complainant.

The marriage between the 1st petitioner and the 2nd respondent took place on 22.02.2013 at Kottucherry, Karaikal, as per the Hindu rites and customs.

After the marriage, they lived together at the residence of the 1st petitioner. During their matrimonial life, dispute arose between them, as a result of which, the 2nd respondent has lodged a complaint against the petitioners, before the 1st respondentPolice and the same was registered as Crime No.2 of 2014 for the alleged offences under Section 498(a) r/w 34 IPC and Section 4 of Dowry Prohibition Act, 1961.

3.Now, the petitioners have come forward with the present petition seeking to quash the complaint.

4.Today, when the matter is taken up for consideration, the learned counsel appearing for the respective parties submitted that the matter has been amicably settled between the parties. The 2nd respondent/defacto-complainant has also filed a consent affidavit before this Court, stating that the matter was settled amicably between the parties and she has no objection to quash the complaint.

5.Heard both sides and and perused the materials available on record.

6.Considering the facts and circumstances of the case and in view of the compromise arrived at between the parties, I am of the opinion that the complaint in Crime No.2 of 2014 pending on the file of the 1st respondent-Police is liable to be quashed and accordingly, the same is quashed in respect of all the accused persons.

In fine, the criminal original petition is allowed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Station House Officer, All Women Police Station, Karaikal.

2.The Public Prosecutor, Madras High Court, Madras.

+1cc to Mr.P.Parthiban, Advocate, S.R.No.68886 Crl.O.P.No.28188 of 2015 and M.P.No.1 of 2015 rsy(CO) srg(08/01/2016)