Mohanraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2016

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.28703 of 2015 & M.P. Nos.1 & 2 of 2015 Mohanraj Raj @ Rajivee Kantharaj Saravanan Nisha @ Ushadevi Petitioners vs.

The State represented by The Inspector of Police W-18, All Women Police Station M.K.B. Nagar Chennai 600 039 (Crime No.2 of 2014) Jaya Respondents Criminal Original Petition filed under Section 482, Cr.P.C. seeking to call for the records in C.C. No.746 of 2015 pending on the file of the X Metropolitan Magistrate Court, Egmore, Chennai and quash the charge sheet. For petitioners Mr. R. Balakrishnan For R1 Mr. C. Emalias Addl. Public Prosecutor For R2 Mr. N. Moorthi - - - - -

ORDER

This Criminal Original Petition is filed seeking to call for the records in C.C.No.746 of 2015 pending on the file of the X Metropolitan Magistrate Court, Egmore, Chennai and quash the charge sheet.

For the sake of convenience, the parties are referred to by their name.

On the complaint lodged by Jaya, the second respondent herein, the first respondent police registered a case in Crime No.2 of 2014 and after completing the investigation, has filed a final report in C.C. No.746 of 2015 before the X Metropolitan Magistrate, Egmore, Chennai, for offences under Section 498A and 506(I) read with 34 IPC against the petitioners herein, challenging which, they have approached this Court for quashing the prosecution on the ground that they have arrived at a compromise with Jaya.

Today, Mohanraj (A1) and Jaya (second respondent/de facto complainant) are present and they are identified by Ms. C. Rangeswari, WHC, W18 All Women Police Station, M.K.B. Nagar, Chennai, who is also present before this Court.

The parties have filed a joint memo of compromise dated 22.04.2016, wherein, it is stated as under:

"The 1st petitioner filed a divorce petition in H.M.O.P. No.2465 of 2011 before the III Additional Family Court. The 2nd respondent/complainant/wife of the 1st petitioner filed restitution of conjugal rights before the 3rd Additional Family Court in O.P. No.1557 of 2010. All the cases settled by the 1st petitioner/husband and 2nd respondent/complainant/wife before the 3rd Additional Family Court, Chennai. The 2nd respondent/complainant/wife herself received a Rs.8,00,000/- from the 1st petitioner/husband and on behalf of her minor son namely Saran final settlement for all cases. The 2nd respondent/complainant/wife received her Seedhana articles on 18.04.2016 from the 1st petitioner/husband. The 2nd respondent/complainant/wife agreed and given a consent for withdraw her complaint in Crime No.2/2014 on the file of 1st respondent.

It is therefore the petitioners/respondent No.2/complainant in Clr.O.P. No.28703 of 2015 herein prays that this Hon'ble Court may be pleased to accept the joint memo of the petitioners/2nd respondent/complainant may be disposed of recording the compromise and the quash petition may be closed. . . ."

P.N. PRAKASH, J.

cad In view of the above, the prosecution in C.C. No.746 of 2015 on the file of the X Metropolitan Magistrate Court, Egmore, Chennai, is quashed. Resultantly, this Criminal Original Petition is allowed. Connected M.Ps. are closed.

02.09.2016 cad To The Inspector of Police W-18, All Women Police Station M.K.B. Nagar, Chennai 600 039 The X Metropolitan Magistrate Egmore, Chennai The Public Prosecutor Madras High Court Chennai 600 104 Crl.O.P. No.28703 of 2016