A.Yokesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl. O.P No. 16940 of 2022 and Crl. M.P. Nos.10232 and 10234 of 2022

1. A. Yokesh, M/ Years (A-1) S/o. K.Anbu

2. A. Malathi, F/ Years, (A-3) W/o. Late K. Anbu Both 1 & 2 are residing at No.424, Kattapomman Street, Periyar Nagar, Chennai 600 039.

3. Praveena, F/ Years (A-4) W/o. Harikrishnan.

4. Harikrishnan, M/ Years, (A-5) S/o. Subramani, Both 3 & 4 are residing at No. 37A, PTC Quarteres, Thoraipakkam, Chennai 97.

..Petitioners Vs.

1. The State Rep. by

The Inspector of Police, W-17, All Women Police Station, Peravallur, Chennai.

2. M. Arulmozhi, W/o. Yogesh, D/o. T. Mani No.26/18,, Haridass 2nd Street, Kolathur, Chennai 600 099.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records pertaining to the Chargesheet in PRC.No.11 of 2019 on the file of the learned Additional Mahila Court, Egmore, Chennai and quash the same.

For Petitioner:

Mr.A. Rajeshkanna For Respondents:

Mr. S. Santhosh, Government Advocate (Crl. side) for R1 Mr. J. Janarthanan for R2

ORDER

The petitioners seek to quash the final report which is pending in P.R.C. No.11 of 2019 on the file of the Additional Mahila Metropolitan Magistrate, Egmore, Chennai, for the alleged offences punishable under Sections 498(A), 313 IPC r/w 4 & 6 of D.P. Act.

2. The petitioners are the husband and relatives of the defacto complainant. The second accused died. When the matter was earlier listed for hearing, this Court had referred the matter to Mediation by an order dated 18.03.2024. The mediation process was completed and the parties have now arrived at a settlement. The scanned copy of the said agreement is as follows:

3. As per the above agreement, the first petitioner agreed to pay a sum of Rs.8,00,000/- towards the jewels received from the defacto complainant and Rs.2,00,000/- towards permanent alimony. It was further agreed between the parties that initially a sum of Rs.5,00,000/- would be paid and a sum of Rs.3,00,000/- would be paid at the time of quashing of proceedings. The defacto complainant has confirmed receipt of Rs.5,00,000/- and today the first petitioner has handed over a Demand Draft bearing No.249802 dated 10.03.2025 for Rs.3,00,000/- drawn on City Union Bank Limited, Chennai, Perambur, in favour of the second respondent/defacto complainant, which is acknowledged by the defacto complainant. It is also agreed

between the parties that the remaining Rs.2,00,000/- will be paid at the time of disposal of the Divorce Petition pending before the Family Court.

4. In view of the aforesaid facts, this Court is of the view that further continuation of proceedings is a futile exercise and accordingly the proceedings in P.R.C. No.11 of 2019 on the file of the Additional Mahila Metropolitan Magistrate, Egmore, Chennai, are quashed.

5. In the result, this Criminal Original Petition is allowed. Consequently connected Criminal Miscellaneous Petitions are closed. 11.03.2025 bga To The Inspector of Police, W-17, All Women Police Station, Peravallur, Chennai.

SUNDER MOHAN, J.

bga Crl. O.P No. 16940 of 2022 and Crl. M.P. Nos.10232 and 10234 of 2022 11.03.2025