Arulmani v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2016

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.22281 of 2016 and Crl.M.P.No.10343 of 2016 1.Arulmani 2.Vasantha Petitioners vs.

1.State rep by Inspector of Police All Women Police Station Attur, Salem District.

..1st Repondent/Complainant 2.Ramya ..Respondent/Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in connection with Cr.No.5 of 2016 on the file of the respondent police pending investigation and quash the same.

For petitioners Mr.S.Saravanakumar For R1 Mr.C.Emalias Additional Public Prosecutor For R2 Mr.R.Lakshmi Narayanan

ORDER

This petition has been filed to call for the records in connection with Cr.No.5 of 2016 on the file of the respondent police pending investigation and quash the same.

2. Heard the learned counsel for the petitioners, learned Additional Public Prosecutor appearing for the State and the learned counsel for the de facto complainant.

3. On the complaint lodged by Ramya, the respondent police registered a case in C.No.5 of 2016 on 15.03.2016 u/s 498-A IPC against Arulmani and Vasantha, challenging which the accused are before this Court, on the ground that the parties have compromised.

4. It is seen that after the registration of the FIR, Arulmani and Vasantha filed Crl.O.P.No.6263 of 2016 for anticipatory bail and this Court had referred the parties to the Mediation and Conciliation Centre, attached to this Court, where the parties appear to have arrived at a compromise on 25.04.2016, as could be seen from the Mediation agreement, on the following terms:

"2. The elders and well-wishers have arranged for a meeting and the parties entered into a Memorandum of understanding.

According to it the defacto complainant received back all the jewels house hold articles, furniture and etc., agreed to withdraw the complaint preferred against the accused and jointly file the petition for divorce under Section 13-B Hindu Marriage Act under mutual consent. Both the parties decided to separate themselves without any reservations in future for either side.

3. The complainant also filed letter before the All Women Police for withdrawal of the complaint copies of the following are submitted.

i) Letter dt.17.04.2016 to police for withdrawal of the complaint.

ii) Copy of Memorandum of Understanding dt: 17.04.2016"

5. Today, Ramya/de facto complainant is present before this Court and is represented by her counsel. Mr.Saravana Banu, Special Sub Inspector of Police, Attur Police Station, Salem is also present before this Court.

6. Ramya stated that the matter has been amicably settled before the Mediation Centre and that she has no objection in the FIR being quashed.

In view of the above, this petition is allowed and the FIR in Cr.No.5 of 2016 against all the accused is quashed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gms

To 1.The Inspector of Police All Women Police Station Attur, Salem District.

2.The Public Prosecutor High Court of Madras Chennai 600 104 1 cc to M/s. S. Saravanakumar, Advocate Sr.67656 Crl.O.P. No.22281 of 2016 NR1(CO) EU 15.10.2016