Chithiraimuthu, v. State Rep.By Inspector Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 26.06.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.6883 of 2015 and M.P.No.1 of 2015 1.Chithiraimuthu 2.Sundarapandi Nadar ...
Petitioners Vs 1.State rep.by The Inspector of Police, W-31, All Women Police Station, St.Thomas Mount, Chennai.
2. Karthika Rohini ...
Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records relating to FIR in Crime No.3 of 2013 dated 20.05.2013 on the file of the 1st respondent and quash the same.
For Petitioners :Mr.M.Santhana Raman For Respondents :Mr.C.Emalias Additional Public Prosecutor for R1
ORDER
This petition has been filed to quash the FIR in Crime No.3 of 2013 dated 20.05.2013 on the file of the 1st respondent police.
2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the 1st respondent and perused the material placed on record.
3.On a complaint lodged by Karthika Rohini, the respondent police registered a case in Crime No.3 of 2013 for offences under Sections 498A and 406 IPC and Section 4 of the Dowry Prohibition Act, against her husband Chithiraimuthu (A1) and her father-in-law Sundarapandi Nadar (A2). It is seen that the defacto complainant got married to A1 on 16.09.2011 and thereafter, their marriage ran into rough weather.
4.Now, the parties appear to have arrived at a compromise and therefore, they have approached this Court for quashing the FIR.
5.Today, the accused and the defacto complainant are present before this Court and they were identified by Ms.S.Suganthi, W-Grade-I-20804, W-31 All Women Police Station, St.Thomas Mount, Chennai. They have also filed a Joint Memo of Compromise, wherein they have stated as follows:
"2.It is submitted that in view of mutual consent divorce initiated by both the parties and the same is pending on the file of the learned Sub-Judge, Thoothukudi, in HMOP No.253 of 2014 and in pursuant to written mutual compromise dated 06.06.2015, both the parties agreed to resolve the dispute amicably and further agreed to withdraw their respective cases.
In the above circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to record the settlement arrived in Crime No.3 of 2013 dated 20.05.2013 on the file of the Inspector of Police, W-31 All Women Police Station,
St.Thomas Mount, Chennai, and permit the petitioners to compound the offences under Section 498A and 406 IPC and Section 4 of the Dowry Prohibition Act and consequently, quash the abovesaid FIR and thus render justice."
Recording the above, this Criminal Original Petition is allowed and the FIR in Crime No.3 of 2013 on the file of the Inspector of Police, W-31 All Women Police Station, St.Thomas Mount, Chennai, is hereby quashed. Consequently, connected Miscellaneous Petition is closed.
26.06.2015 mps To 1.The Inspector of Police, W-31, All Women Police Station, St.Thomas Mount, Chennai.
2.The Public Prosecutor, High Court, Madras.
P.N.PRAKASH,J, mps Crl.OP.No.6883 of 2015 and M.P.No.1 of 2015 26.06.2015