R.Arawinth v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN CRL.OP.No.14158 of 2024 and CMP.No.8629 of 2024 R. Arawinth ... Petitioner Vs 1.The State Rep by The Inspector of Police, W-35, AWPS Tambaram Police Station, S.T.Thomas Mount District, Tambaram, Chennai 600 045 (Cr.No.15/2019) 2.Jhansi ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the entire records in connection with the CC.No.311 of 2020 for the charges under Section 498(A), 506(I) and 406 of IPC, pending on the file of the learned Judicial Magistrate CourtI, Tambaram and to quash the same. For Petitioner : Mr.S.Vijayaraghavan For Respondents : Mr.S. Udaya Kumar for R1 Government Advocate (Crl.Side) Mrs.Jhansi/R2 - appeared in VC

O R D E R

Matrimonial dispute between the petitioner and the defacto complainant, who was the husband and wife. A complaint lodged by the second respondent in Cr.No.15 of 2019 on the file of the Alandur police 1/4

station for the offences under Sections 498-A, 506(i) and 406 of IPC.

2. Subsequent to the lodging of the complaint, it appears that the petitioner and the defacto complainant have settled the matrimonial dispute through mediation conducted by the Bangalore Mediation Centre, Bangalore and have agreed to dissolve their marriage and also to withdraw the complaint pending investigation.

3. The said Memorandum of Settlement been taken on record by the IV Additional Principal Judge, Family Court, Bangalore, on 16.08.2021 and order passed in the petition filed by M.Jhansi @ Dhanalakshmi (respondent) against R.Arawinth (petitioner herein).

4. In these circumstances, the present petition to quash the CC.No.311 of 2020 on the file of the Judicial Magistrate-I, Tambaram, arising out of the Cr.No.15 of 2019 on the file of the AWPS Tambaram police Station, is filed to quash the same.

5. In view of the compromise entered between the parties and recorded before the IV Additional Principal Judge, Family Court, 2/4

Bangalore, the Defacto Complainant, M.Jhansi @ Dhanalakshmi appeared through Video conference and stated that she is not interested to pursue the complaint in the light of the compromise entered and she has already given a letter to the respondent police about her intention to withdraw the complaint.

6. Learned Government Advocate (Crl.Side) appearing for the first respondent submits that the police has received the letter from M.Jhansi @ Dhanalakshmi, expressing her intention to withdraw the complaint after filing of the final report. But, in the meanwhile, the final report was filed and taken cognizance by the Judicial Magistrate.

7. This court, on hearing the parties and perusing the records, is of the opinion that it is a fit case to quash by exercising its power under Section 482 of Cr.P.C., since that will be proper to meet the ends of justice and allow the spouses to get separated and live peacefully in the way they like. Hence, this petition is allowed and C.C.No.311 of 2020 stands quashed. Consequently, connected miscellaneous petition is closed.

Index: Yes/No 22.07.2024 Speaking/Non-speaking order gv 3/4

DR.G.JAYACHANDRAN.,J.

gv To

1. The Judicial Magistrate Court-I, Tambaram.

2. The State Rep by The Inspector of Police, W-35, AWPS Tambaram Police Station, S.T.Thomas Mount District, Tambaram, Chennai 600 045 (Cr.No.15/2019)

3. The Public Prosecutor, High Court of Madras, Chennai.

CRL.OP.No.14158 of 2024 and CMP.No.8629 of 2024 22.07.2024 4/4