Arun Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA and Crl.M.P Nos.494 & 498 of 2021 1.Arun Kumar 2.K.Meena 3.K.Vimla ... Petitioners Vs.

1. State Represented by The Inspector of Police, W-8, Thirumangalam All Women Police Station, Chennai.

2. Praveena Nityanandham ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records and quash the proceedings in C.C No.32 of 2020 on the file of the Additional Mahila Court, Egmore, Chennai, in order to secure the ends of justice and prevent the abuse of process of law by securing the petitioners from great hardship, oppression 1/6

and prejudice.

For Petitioners : Mr.C.V.Kumar For Respondents : Mr.A.Damodaran for R1 Additional Public Prosecutor Mr.R.Sudha for R2

O R D E R

This Criminal Original Petition has been filed, seeking to call for the records pertaining to C.C No.32 of 2020 on the file of the Additional Mahila Court, Egmore, Chennai-8, and quash the same.

2. On the complaint given by the 2nd respondent, a case has been registered in Crime No.3 of 2018 of W-8, Thirumangalam All Women Police Station, Chennai, for the offences under Sections 498(A) and 506(i) IPC. After the completion of investigation, charge sheet has been filed against the petitioners and the same has also been taken on file in C.C No.32 of 2020 by the Additional Mahila Court, Egmore, Chennai.

3. The 1st petitioner is the husband of the 2nd respondent; the 2nd petitioner is the mother of the 1st petitioner; the 3rd petitioner is the sister of the 1st petitioner.

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4. The learned counsel for the petitioners submitted that the parties have amicably settled the dispute between themselves and they have arrived at a compromise. A Joint Compromise Memo dated 27.10.2022 has also been filed by the petitioners and the 2nd respondent.

5. When the matter is taken up today, the petitioners and the 2nd respondent/de-facto complainant are present before this Court and identified by their respective counsel and Ms.R.Kavitha, WHC 20812, W8-AWPS, Thirumangalam, Chennai. The terms of compromise were read over to the petitioners and the 2nd respondent. They accepted it to be true and that they entered those terms between themselves without any coercion or influence.

6. It is learnt that the parties have dissolved their marriage by mutual consent vide O.P No.4075 of 2019 on the file of the II Additional Family Court, Chennai, on 17.10.2019. Since the parties 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 3/6

each other's life.

7. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court feels it is appropriate to exercise its power under Section 482 Cr.P.C. to quash the proceedings in C.C No.32 of 2020 on the file of the Additional Mahila Court, Egmore, Chennai.

8. In the result, this Criminal Original Petition stands allowed and as a sequel, the further proceedings in C.C No.32 of 2020 on the file of the Additional Mahila Court, Egmore, Chennai, is quashed. The Joint Compromise Memo shall form part of this Order. Consequently, connected Miscellaneous Petitions are closed.

27.10.2022 Index : Yes/No Speaking Order : Yes / No uma 4/6

To 1.The Additional Mahila Court, Egmore, Chennai.

2. The Inspector of Police, W-8, Thirumangalam All Women Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

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R.N.MANJULA, J., uma and Crl.M.P Nos.494 & 498 of 2021 27.10.2022 6/6