Rakesh v. State Represented By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2026

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl. O.P. No. 11194 of 2026 Rakesh ... Petitioner Vs.

1.State Rep., by The Sub-Inspector of Police, Pallavaram Police Station, Tambaram District.

(Crime No.298 of 2024) 2.Paruvadhavardhi ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to call for records and to quash the final report/charge sheet in C.C.No.32 of 2025 on the file of the learned Judicial Magistrate, Pallavaram.

For Petitioner : Mr. N.U. Pressanna For Respondents: Mr. R. Rajasekaran, for R1 Government Advocate (Crl. Side) Mr. V. Kamala Kumar, for R2 1/21

O R D E R

The Criminal Original Petition has been filed to quash the final report/charge sheet in C.C.No.32 of 2025 on the file of the learned Judicial Magistrate, Pallavaram.

2. The case of the prosecution is that the defacto complainant / 2nd respondent who is the wife of the petitioner, alleged that due to matrimonial disputes the parties had been living separately since 20.09.2022. It is alleged that on 23.04.2024 at about 7.45 p.m., when the 2nd respondent visited the house, the petitioner abused her in filthy language and threatened her. Based on the complaint, a case was registered in Crime No. 298 of 2024 and after investigation, the 1st respondent police filed a charge sheet before the trial Court, listing 6 witnesses and the relevant documents. A domestic violence case in D.V.C.No.100 of 2025 was also initiated against him.

3. The learned counsel for the petitioner submitted that the petitioner and the 2nd respondent are husband and wife and have amicably settled their matrimonial disputes. As per the settlement, the residential apartment situated at Flat No.E2, Block-5, Jain Green Acres Apartments, Zamin 2/21

Pallavaram, Chennai, has been allotted to the 2nd respondent towards full and final settlement.

3.1. The 2nd respondent has discharged the housing loan and the petitioner has agreed to execute the sale deed in her favour. It was further submitted that the 2nd respondent would withdraw D.V.C.No.100 of 2025 and that both parties would pursue the petition for divorce by mutual consent. Therefore, in view of the settlement arrived at between the parties, the petitioner sought quashing of the proceedings.

4. The learned Government Advocate appearing for the 1st respondent submitted that, in view of the settlement arrived at between the petitioner and the 2nd respondent, he has no serious objection to the quashing of the proceedings.

5. The case is at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3/21

6. Pursuant to the order passed by this Court on 29.04.2026, the same is extracted hereunder:

"The petitioner /accused in C.C.No.32 of 2025 on the file of the learned Judicial Magistrate, Pallavaram, who is facing trial for the offences punishable under Section 294(b), 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022, has filed this quash petition. 2.The contention of the learned counsel for the petitioner is that the petitioner and the defacto complainant, 2nd respondent herein are estranged husband and wife. The settlement between the petitioner and the 2nd respondent is that the residential apartment situated at Flat No.E2, Block-5, Jain Green Acres Apartments, Zamin Pallavaram, Chennai, in which the 2nd respondent is residing has been allotted to her towards full and final settlement.

Now the 2nd respondent has discharged the housing loan, but the property was purchased in the name of the petitioner and now the petitioner has agreed to settle the property and execute deed in favour of the 2nd respondent on 30.04.2026. Consequently, the 2nd respondent would withdraw DVC.No.100 of 2025, which is pending before the Mahila Court, Kancheepuram, and the mutual divorce petition which is pending before the Mahila Court, Kancheepuram. Further, in the mutual divorce petition, both the petitioner and the 2nd respondent would appear and obtain a decree of divorce by mutual consent and the entire process would be completed at the earliest and the same would be reported before this Court on 01.06.2026.

3.Both the petitioner and the 2nd respondent are present before this Court today. They have also confirmed to the compromise and the arrangements between them. 4.In view of the above, there shall be an order of stay of all further proceedings in CC.No.32 of 2025 which is pending 4/21

on the file of the Judicial Magistrate Court, Pallavara. 5.Post this case on 01.06.2026."

7. Today the petitioner and the 2nd respondent appeared before this Court. The 2nd respondent / defacto complainant confirmed that, pursuant to the compromise, a Settlement Deed has been executed by the petitioner in favour of the 2nd respondent and the same has been registered as Document No.3812 of 2026. The Joint Compromise Memo and Settlement Deed are extracted hereunder:

Joint Compromise Memo:

"The petitioner and the 2nd respondent respectfully submit as follows:

1. That the above Criminal Original Petition is filed to quash the Final Report/Charge Sheet in C.C.No. 32 of 2025 on the file of the Learned Judicial Magistrate, Pallavaram, as against the petitioner for the alleged offences under Sections 294(b), 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. Both parties respectfully submit that the petitioner herein is the accused and the 2nd respondent herein is the defacto complainant in the above Final Report/Charge Sheet arising out of Crime No.298 of 2024 on the file of Pallavaram Police Station. The parties further submit that due to matrimonial disputes, they have been living separately and had initiated various proceedings including D.V.C.No.100 of 2025.

3. Both parties submit that the matter was referred for mediation and they have now amicably settled all their disputes 5/21

by way of a Terms of Settlement dated 24.11.2025 executed between them and accordingly both parties have decided to put an end to all litigations.

4. Both parties decided to settle the matter amicably as per following the terms.

i. The 2nd respondent is in possession of the residential apartment situated at Flat No.E2, Block-5, Jain Green Acres Apartments, Zamin Pallavaram, Chennai, which has been allotted to her towards full and final settlement of maintenance and alimony claims.

ii. The 2nd respondent has agreed to discharge the outstanding housing loan of approximately Rs.57,00,000/-, and upon such discharge, the petitioner has Undertaken to execute and register the said property in favour of the 2nd respondent and extend full cooperation for the same.

iii. The 2nd respondent has agreed to withdraw the proceedings in D.V.C.No.l00 of 2025 pending on the file of the competent court and undertakes not to initiate any further proceedings relating to the same cause of action. iv. The 2nd respondent has waived all claims towards maintenance, alimony or any monetary relief, whether past, present or future, as against the petitioner. v. Both parties have mutually agreed upon visitation rights of the petitioner with respect to their children. vi. The 2nd respondent hereby gives her unequivocal consent and no-objection for quashing/closure of the proceedings in C.C.No. 32 of 2025 arising out of Crime No.298 of 2024 and undertakes not to pursue the same. It is respectfully submitted that in view of the settlement reached above, the parties pray that this Hon'ble Court may be pleased to record this compromise and to quash the Final Report/ Charge Sheet in C.C.No. 32 of 2025 pending on the file of the Judicial Magistrate, Pallavaram and thus render 6/21

justice."

The Settlement Deed is extracted hereunder:

7/21

8/21

9/21

10/21

11/21

12/21

13/21

14/21

15/21

16/21

17/21

18/21

19/21

8. In view of the above, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C. No. 32 of 2025 on the file of the Judicial Magistrate, Pallavaram is quashed against the petitioner. 01.06.2026 AT To 1.The Judicial Magistrate, Pallavaram.

2.The Sub-Inspector of Police, Pallavaram Police Station, Tambaram District.

3.The Public Prosecutor, High Court of Madras.

20/21

M.NIRMAL KUMAR, J.

AT Crl.O.P.No. 11194 of 2026 01.06.2026 21/21