S.Sivaraman v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN and CRL MP No.9737 of 2021

1. S.Sivaraman S/o Late Sarangapani, No.69/11, Sundarababu Nagar, Veppampattu, Thiruvallur District 602024

2. SHANTHI W/o Late.Sarangapani, No.69/11, Sundarbabu Nagar, Veppampattu, Thiruvallur District 602024 Petitioner(s) Vs

1. The Inspector Of Police All Women Police Station, Thiruvallur District 2.D. Santhya W/o S. Sivaraman, No.21/15, Kosa Street, Contonment, Kumananchavady, Ponnamallee, Chennai 600056 Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to call for the records relating to the FIR in Crime No.13 of 2021 on the file of the Inspector of Police, All Women Police Station, Thiruvallur and quash the same and pass such further or other orders as this Honble Court. For Petitioner(s):

N.Selva Rajan For Respondent(s):

Mr.S.Santhosh, Government Advocate (Criminal Side) For R1 V.G. Anbarasu-ms/732/1990 For R2 1/8

ORDER

This Criminal Original Petition has been filed by the petitioner seeking to quash the First Information Report filed based on the complaint lodged by the de facto complainant/R2 for the alleged offences under Sections 498A and 307 of IPC.

2. It is the case of the de facto complainant that her husband/the first petitioner along with his mother/second petitioner used to abuse and assault her in an inebriated condition; on 18.03.2021, the first petitioner abused the de facto complainant's mother and attacked the de facto complainant and further, tried to cause her death by placing a pillow on her face.

3. When the matter was earlier listed before this Court, this Court had directed the parties to appear before the Tamil Nadu Mediation and Conciliation Centre, attached to this Court. The parties appeared before the Mediation Centre and have arrived at a compromise. They have entered into a Settlement Agreement dated 13.12.2023. The Mediation Report along with the Settlement Agreement filed by the parties have been filed before this Court.

4. Learned counsel appearing for both the parties therefore submitted that the First Information Report may be quashed based on the Settlement Agreement.

5. The first petitioner and the de facto complainant were present before this Court and they were identified by the first respondent Police. The scanned copy of the Settlement Agreement reads as follows :- 2/8

3/8

4/8

5/8

6. From the above settlement agreement, it is seen that the parties have arrived at a settlement, by which, the first petitioner agreed to pay maintenance to the de facto complainant/R2 at a sum of Rs.10,000/- and to pay school fees to his son, Sravan. He also undertook to take care of medical expenses of the de facto complainant and their son. In the said agreement, the de facto complainant/R2 had recorded that she had no objection in quashing the First Information Report.

7. The First Information Report essentially arises out of a matrimonial dispute. In view of the compromise arrived at between the parties and the submission of the de facto complainant, this Court is inclined to quash the FIR. The Settlement Agreement entered into between the parties shall form part of the court record.

8. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.13 of 2021, on the file of the first respondent police, is quashed. Consequently, the connected miscellaneous petition is closed. 27-02-2025 ham Index:Yes/No Speaking/Non-speaking order Internet:Yes 6/8

To 1.The Inspector Of Police All Women Police Station, Thiruvallur District 2.D. Santhya W/o S. Sivaraman, No.21/15, Kosa Street, Contonment, Kumananchavady, Ponnamallee, Chennai 600056 7/8

SUNDER MOHAN J.

ham and CRL MP No.9737 of 2021 27-02-2025 8/8