B.Gohin v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.B.Gohin 2.C.Sivaselvam 3.S.Shoba @ Paappa ...

Petitioners versus 1.The State Rep. by its Inspector of Police, W.29, AWPS, Avadi, (Crime No.146 of 2020) 2.S.G.Sumidha Sobi ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, praying to call for the records pertaining to the charge sheet in C.C.No.3 of 2022 pending on the file of the Judicial Magistrate, Ambattur, Chennai and quash the same.

For Petitioners : M/s.K.Gokulram For Respondent No.1 : Mr.E.Raj Thilak Additional Public Prosecutor For Respondent No.2 : Mr.N.Suriyamuthu 1/6

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.3 of 2022 pending on the file of the learned Judicial Magistrate, Ambattur, Chennai.

2.

The petitioners are A-1 to A-3 in a case in C.C.No.3 of 2022. The learned counsel for the petitioners submitted that the first petitioner and the second respondent got married on 25.05.2018 and thereafter some matrimonial disputes arose between the couples. This complaint has been given by the second respondent on the allegations that she was ill-treated by the accused.

3.

The de facto complainant has filed an affidavit by stating that she had settled all her issues with the petitioners and that she has also filed a petition for divorce by mutual consent in I.D.O.P.No.3693 of 2022 before the II Additional Family Court, Chennai and they have got the order of divorce as well.

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4.

When the matter was taken up today, the petitioners and the second respondent / de facto complainant were present and they were identified by their respective counsels. The terms of compromise were read over to the petitioners and the second respondent. They accepted it to be true and that they had entered into such terms between themselves without any coercion or influence.

5.

Since the second respondent and the first petitioner had dissolved their marriage and severed their relationship and had chosen to put an end to all the litigations pending between themselves, I feel it is appropriate to allow them to live in peace and choose their own way without making any interference in each other's life. 6.

In the light of the guidelines given by the Hon'ble Supreme Court in Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath reported in (2017) 9 SCC 641, this Court feels it is appropriate to exercise its power under Section 482 Cr.P.C. to quash the proceedings in C.C.No.3 of 3/6

2022 pending on the file of the learned Judicial Magistrate, Ambattur, 7.

In the result, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.3 of 2022 pending on the file of the Judicial Magistrate, Ambattur, Chennai, is quashed. The Joint Compromise Memo shall form part of this Order. 21.11.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 4/6

To 1.The Judicial Magistrate, Ambattur, Chennai.

2.The State Rep. by its Inspector of Police, W.29, AWPS, Avadi, 3.The Public Prosecutor, Madras High Court, 5/6

R.N.MANJULA , J.

sri 21.11.2022 [2/2] 6/6