Ramesh v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl. OP No.19166 of 2016 1.Ramesh Babu 2.Savithri 3.Raghupathi 4.R.Banupriya Petitioners/A1 to A4 Vs.
1.The State rep by The Inspector of Police W23 All Women Police Station Royapettah Chennai.
2.S.Priya Respondents/Respondent/ Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.1876 of 2014 pending on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai and quash the entire proceedings.
For Petitioners :
Mr.D.Senthil Kumar For Respondents :
Mr. C. Emalias Addl. Public Prosecutor for R1 Mr.R.Muniyapparaj for R2
O R D E R
This petition has been filed to call for the records in C.C.No.1876 of 2014 pending on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai and quash the entire proceedings.
2. Heard the learned counsel for the petitioners, learned counsel for the de facto complainant and the learned Additional Public Prosecutor appearing for the State.
3. On the complaint lodged by Priya, the respondent police registered a case in Cr.No.4 of 2012 and after completing the investigation, has filed a Final Report in C.C.No.1876 of 2014 before the XVIII Metropolitan Magistrate, Saidapet, Chennai, for offences u/s 417, 493 IPC; Section 4 of the Dowry Prohibition Act, 1961 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 r/w Section 34 IPC against Ramesh Babu, Savithri, Ragupathi and Banupriya, challenging which the accused are before this Court, on the
ground that they have arrived at an amicable settlement. 4.
Today, Ms.Boopathimeena, W.Gr.I.28432, W-23, Royapettah All Women Police Station, is present. The accused and the de facto complainant are present and they are identified by Ms.Boopathimeena.
5. Priya/de facto complainant has filed a sworn affidavit, wherein she has stated as follows: "2. I submit that based on my complaint, the case was registered and the charge sheet also filed against A1 to A4 in C.C.No.1876 of 2014 pending on the file of XVIII Metropolitan Magistrate, Egmore, Chennai. I further myself willing to settle the dispute in amicable manner with advice of family elders for the purpose of both parties future. Furthermost both are in young age and we have to separately decide each one of our life. Now as per advice of elder I and petitioners/A1 to A4 arrived at a conclusion to settle the matter amicably by way of compromise. Based on the same, the entire issue was settled amicably.
Therefore, in this decision had taken for betterment of life of both the parties. Apart from that A1 had married with some other girl and having one child aged about 3 years. Hence, I further states that I willing to withdrew all the allegations against A1 to A4 and settle the matter amicably.
3. I further submit that my aged parents only taken care of my entire life, because of this case my parents cannot able to look for someone as my life partner. My father having so many health complications and regularly consulting with doctors. In such circumstances, for considering my future life we have entered into a compromise.
4. I further submit that in these circumstances, I humbly prayed before this Hon'ble Court may kindly accept my affidavit and pass such necessary orders and other further orders as this court may deem to fit in this case and render justice."
In view of the above, this petition is allowed and the
prosecution in C.C.No.1876 of 2014 pending on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai, is hereby quashed.
Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To 1.The Inspector of Police W23 All Women Police Station Royapettah Chennai.
2.XVIII Metropolitan Magistrate, Saidapet, Chennai.
3.The Public Prosecutor, High Court, Madras - 104.
+2 cc to Mr.D.Senthilkumar, Advocate,sr.15256. pur(co) krd 14/9 Crl. OP No.19166 of 2016